Raj Kishor @ Rakesh @ Rajkishor Rakesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36914 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Raj Kishor @ Rakesh @ Rajkishor Rakesh Son of Nagendra Prasad Sah Resident of Village- Bakhra, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.Ganesh Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.
Heard both parties.
The petitioner seeks bail in Saraiya P.S. Case No. 327 of 2021, registered for the offence punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code and section 51 of the Disaster Management Act.
As per the prosecution case, informant along with other officials and police force conducted raid in the premises of Krishna Ultrasound and Bharat Ultrasound which were being run on the basis of forged license by disobeying the government guidelines imposed during Covid-19.
It is submitted on behalf of the petitioner that petitioner is neither proprietor nor staff of the Ultrasound and
Patna High Court CR. MISC. No.36914 of 2021(2) dt.17-09-2021 2/2 due to misconception he has been dragged in this case. Petitioner has got clean antecedent and he is in custody since 17.05.2021. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV (West), Muzaffarpur in connection with Saraiya P.S. Case No.
327 of 2021, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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.