Nandu Rajvanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38153 of 2020 Arising Out of PS. Case No.-327 Year-2020 Thana- SIRDALA District- Nawada ====================================================== NANDU RAJVANSHI, S/o Munna Rajvanshi, R/o Village- Vijaypur, P.S.- Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Adv.
For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2021 Heard both parties.
The petitioner seeks bail in Sirdala P.S. Case No. 327/2020 registered for the offence punishable under Sections 30(a), 30 (d), 41 of the Bihar Prohibition & Excise Act, 2016. As per prosecution case, 130 litres of Mahua mixture and 4.5 litres of Mahua wine has been recovered from the Bhatti of the petitioner.
It is submitted that nothing has been recovered from the conscious possession of the petitioner. He has been made accused on the basis of confessional statement of co-accused Santosh Rajvanshi. He has got clean antecedent. He is in custody since 13.09.2020.
Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be enlarged on bail
Patna High Court CR. MISC. No.38153 of 2020(2) dt.05-02-2021 2/2 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 District Judge II-cum-Special Judge, Excise, Nawada, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi U T