Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32879 of 2019 Arising Out of PS. Case No.-490 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== RAJESH KUMAR, Son of Hajari Ray, Resident of Village - Naya Tola, Madhopur, P.S.- Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.9171 of 2018 arising out of Bakhtiyarpur P.S. Case No.490 of 2018 instituted for the offence under Section(s) 30(a)(c) (d), 34, 36 of Bihar Prohibition and Excise Act, 2016, Sections 25(1-b)a, 36, 35 of the Arms Act.

It is alleged that from poultry farm 755 litres illicit liquor, 12 litres can bear and 420 litres spirit, one country made pistol and other articles have been recovered. Counsel for the petitioner submits that Petitioner is in custody since 20.03.2019 having clean antecedents. Recovery has been made from poultry farm of Uday Yadav. 6-7 persons present in the poultry farm managed to run away. Petitioner has

Patna High Court CR. MISC. No.32879 of 2019(3) dt.05-07-2019 2/2 been arrested by the police merely on suspicion. Counsel for the petitioner further submits that coaccused, Uday Yadav, has already been granted regular bail by co-ordinate Bench of this Court by order dated 23.05.2019 passed in Cr. Misc. No.20002 of 2019.

In the facts and circumstances of the case, 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 Special Judge, Excise Act, Patna, in connection with Special Case No.9171 of 2018 arising out of Bakhtiyarpur P.S. Case No.490 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T