Md. Rajani @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22667 of 2019 Arising Out of PS. Case No.-366 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== MD. RAJANI @ RAJA BABU, son of Sobrati Miyan @ Sobrati Khan, Resident of Village- Pachrukhi, P.S.- Pachrukhi, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Pachrukhi P.S. Case No. 366 of 2018, registered for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Allegation against the petitioner is of having liquor and on seeing the police party he fled away and police recovered 17.280 litres of foreign liquor.

Submission of learned counsel for the petitioner is that nothing has been recovered either from his possession or from his house, rather FIR itself shows that recovery was made from the bag in presence of independent witnesses Yogender Bashfore and Nawal Mali and seizure list was prepared and petitioner has no criminal antecedent. Further submission is one

Patna High Court CR. MISC. No.22667 of 2019(2) dt.09-04-2019 2/2 co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.3.2019 in Cr.Misc.No. 14847 of 2019.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Siwan, in connection with Pachrukhi P.S.Case No. 366 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T