Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19024 of 2019 Arising Out of PS. Case No.-242 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== RAKESH SAH, Male, aged about 27 years, S/o Shankar Sah R/o MohallaDiwan Mohalla, Naujar Katra, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Informant has alleged that on 26.07.2018 he received a secret information thereafter he along with other police personnel proceeded for raid in the house of Bablu Yadav. On seeing police party three persons started fleeing in which one person was apprehended by the police and two manage to escape. Apprehended person Dipak Kumar has disclosed the name of persons who manage to escape as petitioner and one Bablu Yadav.

Patna High Court CR. MISC. No.19024 of 2019(2) dt.04-04-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 15.02.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No. 6958 of 2018 arising out of Khajekalan P.S. Case No. 242 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.19024 of 2019(2) dt.04-04-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T