Rajnitik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4724 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- ROH District- Nawada ====================================================== RAJNITIK KUMAR Son of Ram Chandra Rai Resident of Village - Jethuli, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Roh P.S. Case No. 109 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Excise and Prohibition Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 174.750 liters of foreign liquor is said to have been recovered Sumo Gold vehicle bearing registration No. BR1P- 7511.

Patna High Court CR. MISC. No.4724 of 2021(3) dt.12-04-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He submits that the said vehicle is not belongs to the petitioner and the petitioner is the driver of the said vehicle. He has been falsely implicated in this case only on suspicion. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 21.07.2020.

Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Roh P.S. Case No. 109 of 2020.

The bail bond of the petitioner shall be accepted by the

Patna High Court CR. MISC. No.4724 of 2021(3) dt.12-04-2021 3/3 learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T