Patna High CourtCR. MISC./55252/2021bail granted

Rajesh Kumar @ Rajesh Kumar Ram v. The State Of Bihar

2022-01-22Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55252 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== RAJESH KUMAR @ RAJESH KUMAR RAM, S/o Maheshwar Ram, Resident of Village - Sandwara Ward No. 2 P.S. - Bajpatti, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defect(s), as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Bajpatti P.S. Case No. 182 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. In the instant case total 126.6 litres of illicit liquor was seized.

Learned counsel for the petitioner submits that the petitioner has got clean antecedent and he has falsely been

Patna High Court CR. MISC. No.55252 of 2021(2) dt.22-01-2022 2/3 implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the petitioner, rather the recovery was made from motorcycle. It is further submitted that the co-accused, namely, Shankar Kumar Singh, has been granted bail by this Court vide order dated 04.01.2022 passed in Cr. Misc. No. 51882 of 2021. Petitioner is in custody since 28.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-CumSpecial Judge, Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 182 of 2021 subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.55252 of 2021(2) dt.22-01-2022 3/3

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) uday/- U T