Rajendra Jaiswal @ Rajendra Prasad Jayswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62810 of 2018 Arising out of P.S. Case No.-182 Year-2018 Thana- GUTHANI District- Siwan ====================================================== Rajendra Jaiswal @ Rajendra Prasad Jayswal, S/o Late Dhela Kalwar, R/o Village- Guthani, P.S.- Guthani, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the State. The petitioners seeks bail in a case registered for offences under Sections 272, 273, 34 of the Indian Penal Code and Sections 30 (a), 38(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 7.2 litres of foreign liquor was recovered from the dickey of the motorcycle which was being driven by the petitioner. It is contended that the petitioner has been made accused in two other cases, i.e., Guthani P.S. Case No. 108/2015 registered for the offences under Section 47(A) of the Excise Act and Guthani P.S. Case No. 133/2017 registered for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(A) and 41(1) of the Bihar Prohibition and Excise Act in which he is on

Patna High Court Cr.Misc. No.62810 of 2018(2) dt.08-10-2018 2/3 bail. It is urged that the petitioner is in custody since 21.07.2018.

Considering the facts and the circumstances of the case, the petitioner, above named, ise directed to be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise, Siwan in connection with Guthani P.S. Case No. 182 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Siwan within fifteen days of his release with a copy of this order and every month thereafter for the next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail.

Patna High Court Cr.Misc. No.62810 of 2018(2) dt.08-10-2018 3/3 petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Vikash/- U T