Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48094 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== RAJA KUMAR Son of Feku Paswan Resident of Village - Banauli, PO- Hari Dularpur, P.s.- Sursand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-09-2022 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 Sursand P.S. Case No. 224 of 2022 registered for the offences punishable under Sections 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of 99 litres Nepali liquor from two vehicles in question. Petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 04.05.2022. Petitioner bears two criminal antecedent out of which one case is of similar nature.

Patna High Court CR. MISC. No.48094 of 2022(2) dt.16-09-2022 2/3 Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner has no concern with any of the motorcycles. Nothing has been recovered from the conscious possession or personal possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the petitioner, and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge 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, Exclusive Excise Court - II, Sitamarhi in connection with Sursand P.S. Case No. 224 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

Patna High Court CR. MISC. No.48094 of 2022(2) dt.16-09-2022 3/3 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) amitkr/- U T