Rajiv Kumar Singh @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37534 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- KOPA District- Saran ====================================================== Rajiv Kumar Singh @ Rajeev Kumar S/O Birendra Singh R/o villageMasumganj, Ward No. 04, P.S.- Bhagawan Bazar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kopa P.S. Case No. 73 of 2021, registered for the offence under Section 30 / 30(a) of Bihar Prohibition and Excise Act.

300 liters of country-made Mahua liquor has been recovered from a Tata Magic Vehicle and this petitioner was apprehended on the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no concern with the said liquor. Petitioner has got clean antecedent and is in custody since 07.04.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.37534 of 2021(2) dt.21-09-2021 2/2 Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise, Saran in connection with Kopa P.S. Case No. 73 of 2021, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T