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Patna High CourtCR. MISC./46565/2025bail granted

Rajniti Kumar v. The State Of Bihar

2025-07-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46565 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== Rajniti Kumar S/o Rajendra Sao Resident of Village- Narayanpur Barbigha, Sheikhpura, PS- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the State :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard the parties.

2. The petitioner is in custody in connection with Kawaiya P.S. Case No. 137 of 2025 for the offence punishable under sections 303(2) and 317(2) of the BNS and section 7 of the Essential Commodities Act, 1955 lodged on 18.04.2025 by the informant, Saurabh Anand.

3. As per the prosecution story, the informant, a Supply Inspector alleged about the seizure of 31.20 quintol rice which according to him was kept for black marketing. This led to the F.I.R.

4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedent nor has anything to do with the alleged Pick-UP Van from which the recovery has been made. He has taken this Court to seizure list to show that

Patna High Court CR. MISC. No.46565 of 2025(2) dt.30-07-2025 2/3 his signature is not present there.

5. Learned APP though opposes the prayer for bail concede that the name is missing in the seizure list.

6. Taking into account the aforesaid facts as also that the petitioner has no criminal antecedent and is in custody since 19.04.2025, in that background, this Court is inclined to extend him the privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Lakhisarai, in connection with Kawaiya P.S. Case No. 137 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

Patna High Court CR. MISC. No.46565 of 2025(2) dt.30-07-2025 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

8. Having recorded the facts, this Court would direct the Superintendent of Police, Lakhisarai to look into the matter and take appropriate steps against those who were party to the preparation of the seizure list in which the signature of the petitioner is missing.

9. Let a copy of the order be sent to the Superintendent of Police, Lakhisarai for perusal and needful. (Rajiv Roy, J) vinayak/- U T