Raju Kumar @ Raju Kumar Singh @ Nirbhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43145 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== RAJU KUMAR @ RAJU KUMAR SINGH @ NIRBHAY KUMAR son of Late Ashok Singh Village- Bishanpur Chaturbhuj Ps- Muffasil DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Cheriya Bariyarpur (Manjhaul) P.S. Case No. 260 of 2022 dated 28.9.2022 registered for the offence punishable u/s 188 and 290 of the IPC read with Section 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 1646.67 litres of liquor is alleged to have recovered from a container.

Patna High Court CR. MISC. No.43145 of 2023(2) dt.20-07-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in 12 other criminal cases in which he is on bail in 10 cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.6.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Cheriya Bariyarpur (Manjhaul) P.S. Case No. 260 of 2022 with the following condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

2. If the petitioner is found involved in any other

Patna High Court CR. MISC. No.43145 of 2023(2) dt.20-07-2023 3/3 similar nature of case in future, his bail bonds are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T