Rajesh Kumar @ Bablu Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51662 of 2021 Arising Out of PS. Case No.-371 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rajesh Kumar @ Bablu Don Son of Late Sohrai Singh Resident of Village - Tarar, P.S.- Daudnagar, District - Aurangabad (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 09-03-2022 The applicant has claimed out of turn hearing on the ground that his wife has delivered a child and there is no one available to take care of that child.
The applicant is an accused in Crime No. 371 of 2021 registered with Daudnagar Police Station for the offences punishable under sections 272, 273, and 120(B) of the Indian Penal Code as well as Section 30(a)/34/36 of Bihar Prohibition and Excise Act.
Heard both sides.
The learned APP pointed out that apart from this case, the applicant is an accused in two similar cases registered at the same police station.
According to the prosecution case, police received secret information to the effect that two persons indulged in the
Patna High Court CR. MISC. No.51662 of 2021(4) dt.09-03-2022 2/3 business of illicit liquor, are transporting the liquor in a four wheeler vehicle. That four wheeler was intercepted and country as well as Indian Made Foreign Liquor of 433.5 liters quantity came to be seized.
Investigation of the subject crime is over. The applicant is undergoing pre-trial detention. Therefore, I see no reason to refuse bail to the applicant by imposing stringent condition, hence, the order.
I. The application is allowed.
II. The applicant/accused in Crime No. 371 of 2021 registered with Daudnagar Police Station is directed to be released on bail on executing P.R. Bond of Rs. 20,000/- (Twenty Thousand) on furnishing two sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this
Patna High Court CR. MISC. No.51662 of 2021(4) dt.09-03-2022 3/3 case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T