Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51551 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RAMBABU KUMAR S/o Shivji Prasad R/o village- Gausi Hatta (Dhumnagar), P.S.- Barhariya, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-04-2022 Heard learned counsel for the parties.

The petitioner is an accused in connection with C-III No. 107/2021 for the offences under Sections 30(a), 30(c), 30(d) and 36 of the Bihar Prohibition & Excise (Amendment) Act 2018.

Allegation against him is that amongst other that on confidential information, the police raided his house and seized altogether 644.4 litres of illicit liquor (as corrected in paragraph3 of the supplementary affidavit) which led to institution of the present case. The petitioner was remanded from Unchkagaon P.S. Case No. 255 of 2020 on 22.07.2021 and is in custody since then.

Taking into account that the charge sheet has already been submitted in the matter, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.51551 of 2021(4) dt.08-04-2022 2/2 Additional Sessions Judge, 2nd cum Special Judge, Excise Siwan in connection with C-III No.-107 of 2021. However, as he has criminal antecedent, some checks are necessary before his released on bail which are as follows :- (i) one of the bailor should be the own blood relative of the petitioner who shall submit official document to show his/her bonafide;

(ii) he shall appear before the learned Trial Court on each and every date and failure to do so for two consecutive dates will lead to cancellation of his bail by the Trial Court itself;

(iii) he shall visit the local police station every 15 days for next six months to mark his presence; (iv) if he indulges in any criminal offence once again, the State shall be at liberty to take steps for cancellation of the bail bond.

With the aforesaid observations, this bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T