Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29128 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

RAJIV KUMAR @ RAJEEV KUMAR SON OF SURENDRA PASWAN R/O-BANWARIPUR, MORA, P.O.-WENA, P.S.-WENA, DISTT.- NALANDA 2.

BABLU KUMAR SON OF SURENDRA PASWAN R/O-BANWARIPUR, MORA, P.O.-WENA, P.S.-WENA, DISTT.-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Gopalpur P.S. Case No. 18 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of 282.24 liquor from two vehicles in question. Petitioners are apprehended on spot.

Learned counsel for the petitioners submits that petitioners is in custody 17.02.2023 and bears no criminal antecedent. He further submits that petitioners are quiet

Patna High Court CR. MISC. No.29128 of 2023(2) dt.15-05-2023 2/3 innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Special Excise Court No.-II, Gopalganj in connection with Gopalpur P.S. Case No. 18 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn 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.

Patna High Court CR. MISC. No.29128 of 2023(2) dt.15-05-2023 3/3 (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) niku/amitU T