Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20932 of 2022 Arising Out of PS. Case No.-527 Year-2017 Thana- HILSA District- Nalanda ====================================================== RANDHIR KUMAR, Son of Sri Kashi Nath Yadav, Resident of Village - East Nandagola Nagla, Patnacity, P.O.- Madho Mills, P.S.- Malsalami, Distt.- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Abhimanyu Deo, Advocate For the Opposite Party :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Hilsa P.S. Case No. 527 of 2017 for the offence punishable under Section 30(a) and 37(C) of the Bihar Prohibition & Excise Act, 2016.

It is being submitted by learned counsel for the petitioner that the petitioner had already sold the vehicle from which illicit liquor has been recover to one Rajiv Kumar. Considering the aforesaid fact, let the petitioner the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on

Patna High Court CR. MISC. No.20932 of 2022(2) dt.29-04-2022 2/2 bail till submission of charge-sheet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Biharsharif, Nalanda, in connection with Hilsa P.S. Case No. 527 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall join the investigation by approaching the Investigating Officer and produce the relevant documents about transfer of the vehicle, in question, to Rajiv Kumar.

If during the investigation it comes that it is Rajiv Kumar, who was the owner of the vehicle at the time of occurrence then the anticipatory bail granted to the petitioner shall be confirmed by the Court below after submission of the chargesheet. If during the investigation, it comes that it is the petitioner, who was the owner of the vehicle at the time of occurrence and he has produced false and fake paper for obtaining the bail, then the petitioner shall be dealt with in accordance with law.

(Sandeep Kumar, J) pawan/- U T