Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25724 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== RAJEEV KUMAR SON OF NAGENDRA SINGH R/O VILLAGETANDASPUR, WARD NO.-3, P.S.- BATHNAHA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sursand P.S. Case No. 135 of 2022 registered for the offences punishable under Section 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 45 litres of country made nepali liquor from the Tempo in question. The petitioner is alleged to be the driver of said tempo and he is apprehended on spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25724 of 2022(2) dt.03-08-2022 2/3 petitioner is in custody since 17.03.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither the driver of the vehicle nor the vehicle belongs to the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Sitamarhi in connection with Sursand P.S. Case No. 135 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.25724 of 2022(2) dt.03-08-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T