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Patna High CourtCR. MISC./30079/2019allowed

Rajeev Kumar Singh @ Chhotu v. The State Of Bihar

2019-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30079 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJEEV KUMAR SINGH @ CHHOTU Son of Avdhesh Singh @ Avadhesh Kumar Singh Resident of Village-Sambhupatti, Police Station-Samastipur (Muffasil), District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

There is recovery of 1313 litres of foreign liquor from open field.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in the aforesaid case. He submits that there is no recovery from the conscious possession of the petitioner. Petitioner is in judicial custody since 27.03.2019.

In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.30079 of 2019(3) dt.04-07-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Samastipur, District-Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 34 of 2019, subject to the conditions that:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) 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. (Anjani Kumar Sharan, J) devendra/- U T