Raja Kumar Sah @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37269 of 2020 Arising Out of PS. Case No.-197 Year-2020 Thana- JOGBANI District- Araria ====================================================== Raja Kumar Sah @ Raja Kumar Son of Umesh Prasad Sah, Resident of Village - Tikuliya Basti Ward no. - 9, P.S. - Jogbani, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the State :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Jogbani PS Case No 197 of 2020, Spl. Case No. 625 of 2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 .

65 bottles of DIALEX- DC syrup and one mobile have been recovered from two persons who are moving on a motorcycle near the boarder.

Petitioner's counsel submits that it is a case of false implication. The petitioner has a clean antecedents and he is in custody since 27.08.2020.

The learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.37269 of 2020(2) dt.02-02-2021 2/2 Considering the aforesaid, 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 learned 2nd Additional District Judge -cum-Special Judge, Excise, Araria, in connection with Jogbani PS Case No 197 of 2020, Spl. Case No. 625 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T