Rajan Kumar Bhagat @ Rajan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37481 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- DHURAIYA District- Banka ====================================================== RAJAN KUMAR BHAGAT @ RAJAN BHAGAT SON OF LATE UMASHANKAR BHAGAT RESIDENT OF VILLAGE-AMARPUR HAT, AMARPUR, BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 67 of 2022 registered for the offences punishable under Sections 30(a)/32(ii) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 214.5 litre foreign liquor from two motorcycles in question and petitioner was not apprehended on the spot. It is further alleged that one motorcycle belongs to the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 13.05.2023 and bears no criminal antecedent. He further submits that petitioner has already filed a

Patna High Court CR. MISC. No.37481 of 2023(2) dt.15-06-2023 2/3 complaint regarding his stolen motorcycle which is annexed in annexure 2 of the bail petition. He further submits that petitioner is suffering from heart disease and the petitioner is alive on pacemaker since 17.06.2015 which is also annexed in annexure 5 of the bail petition. Petitioner is quite innocent and has committed no offence as alleged against him in FIR and he has falsely been implicated in the present case and the petitioner is not apprehended on the spot.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner and he is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the 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 learned Additional District and Sessions Judge - II, Banka in connection with Dhoraiya P.S. Case No. 67 of 2022, (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.37481 of 2023(2) dt.15-06-2023 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T