Rajdeo Rajbanshi @ Rajdev Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.29211 of 2020 Arising Out of PS. Case No.-106 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== RAJDEO RAJBANSHI @ RAJDEV RAJWAR Son of Late Keshri Rajwar Resident of Village - Madha, P.S.- Rohtas, District - Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-11-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Bharat Lal, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Rohtas P.S. Case No. 106/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is not named in the first information report and he has been named by local person. Nothing has been recovered from the possession of the petitioner and he has been in custody since 03.01.2020.

Patna High Court CR. MISC. No.29211 of 2020(3) dt.12-11-2020 2/3 Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner is not named in the First Information Report and he has been named by local persons alleging that he was the person who had fled away and that the petitioner is in custody since 03.01.2020 in connection with this case and the co-accused has already been granted privilge of bail by learned coordinate Bench of this Corut in Cr. Misc. No. 53256/2019, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Rohtas at Sasaram, in connection with Rohtas P.S. Case No. 106/2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.29211 of 2020(3) dt.12-11-2020 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

f (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.