Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30080 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== RAJA KUMAR Son of Arjun Rai Resident of Village - Rachahi-Kachahari Tola, P.S.- Singhoul, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Fulwaria P.S. Case No. 149/2018, instituted for offence under Sections 120(B), 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 17.01.2019 passed in Cr. Misc. No. 80733/2018 with liberty to renew the prayer for bail after completion of six months in custody in the event no substantive progress is made in trial.

Report from the court below regarding stage of trial has been received, from which it appears that charge has not been framed in this case till date.

Patna High Court CR. MISC. No.30080 of 2019(3) dt.19-06-2019 2/3 Petitioner is in custody since 02.11.2018.

Keeping in view the period of custody spent by petitioner, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Addl. Sessions Judge IInd-cum-Special Judge, Excise Act, Begusarai in connection with Fulwaria P.S. Case No. 149/2018, subject to the conditions that, (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T

Patna High Court CR. MISC. No.30080 of 2019(3) dt.19-06-2019 3/3