Dablu Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42028 of 2022 Arising Out of PS. Case No.-446 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== DABLU RAJBANSHI S/o Suresh Rajbanshi R/o village- Gagan Buzurg, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajauli P.S. Case No. 446 of 2020, lodged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, total recovery of 60 litres of mahua wine was alleged to be recovered in this case. Learned counsel for the petitioner submits that the present petitioner is not apprehended from the place of occurrence but his name was figured in this case by virtue of statement of local villagers and Chowkidar. He further submits that petitioner is in

Patna High Court CR. MISC. No.42028 of 2022(2) dt.27-08-2022 2/3 custody since 20.06.2022 and one case is pending against him in which he is on bail. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned APP for the State opposes the prayer for bail. In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (rupees thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Spl. Excise Court No.2, Nawada in connection with Rajauli P.S. Case No. 446 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(A.) The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond. (B.) One of the bailor shall be close relative who shall file affidavit before the Court about his relation with the petitioner. (C.) The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this

Patna High Court CR. MISC. No.42028 of 2022(2) dt.27-08-2022 3/3 condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Ranjeet/- U T