Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43305 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- NADI P.S. District- Patna ====================================================== RAJEEV KUMAR Son of Awdhesh Rai Resident of Village - Malleepur, P.s.- Raghopur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Deo Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Nadi P.S. Case No. 146 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, there is alleged recovery of 145 litres country made liquor from the tempo in question. The petitioner was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 08.04.2022 and bears no criminal antecedent. Learned counsel further submits that petitioner is quite innocent and he has falsely been implicated in this case by the police in the instant of his enemies. It is further submitted that seizure list has not been made as per law.

Patna High Court CR. MISC. No.43305 of 2022(2) dt.29-08-2022 2/2 The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City at Patna in connection with Nadi P.S. Case No. 146 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) minu/- U T