Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27920 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ====================================================== Rajeev Kumar, S/o Jawahar Lal Rai, resident of Village- Jirwara, P.S.- Mahua, District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Pear P.S.Case No. 19 of 2017 registered for the offences punishable under Sections 272, 273, 120B of the Indian Penal Code and 30(A), 35(A) and 38(A) of Bihar Excise Act, 2016. Petitioner is named in the FIR and as per prosecution story a truck was intercepted loaded with foreign liquor and petitioner and other accused persons tried to flee away but petitioner has been arrested.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has nothing to do with the seized articles and petitioner has been made accused on the basis of suspicion and he is in custody for about four months having clean antecedent. It has also been submitted that similarly situated co-accused has been granted bail by this Court in Cr.Misc.No. 26540 of 2017, vide order dated 22.6.2017.

Patna High Court Cr.Misc. No.27920 of 2017 (3) dt.17-07-2017 2/2 Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Pear P.S.Case No. 19 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U