Patna High CourtCR. MISC./33551/2019bail granted

Rakesh Kumar v. The State Of Bihar

2019-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33551 of 2019 Arising Out of PS. Case No.-615 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== RAKESH KUMAR S/o Ashok Kumar Rawat R/o village- Samhota Mathiya, P.S.- Kopa, District- Saran at Chapra ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anish Chandra, Advocate For the Opposite Party :

Pushpa Sinha.1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/120B of the IPC and section 52 of the Bihar Prohibition and Excise Act, 2016. Petitioner and one Deeeraj Kumar Singh, both constables in the Excise Department, are alleged to have seized 386 cartoons of English liquor but they made entry of only 280 cartoons of liquor in the seizure list.

Learned counsel for the petitioner submits that the petitioner is only a constable and used to drive the official vehicles of the department and not in-charge of the Malkhana and similarly situated co-accused Dheeraj Kumar Singh as well as in-charge of the Malkhana have already been allowed anticipatory bail by different benches of this Court vide orders

Patna High Court CR. MISC. No.33551 of 2019(2) dt.31-07-2019 2/2 dated 12.3.2019 and 7.5.2019, passed in Cr.Mis.No. 14572/2019 and 10999/2019 respectively.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 Additional Sessions Judge II cum Special Judge Excise Act, Siwan in Siwan Town Police Station Case No. 615 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T