Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9101 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Raushan Kumar Son of Kalpur Paswan, resident of village - Seemapar, P.S. - Bhagwanpur (Teyay O.P.), District - Begusarai. ... ... Petitioner/s The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Bhagwanpur (Teyay O.P. ) P.S. Case No. 221 of 2020, G.R. No. 954 of 2020 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

From the house of the petitioner there is alleged

Patna High Court CR. MISC. No.9101 of 2021(2) dt.02-07-2021 2/3 recovery of 72 litres of foreign liquor.

Petitioner' counsel submits that it is a case of false implication, as the petitioner had no knowledge about the said liquor and has become a victim of circumstances. The petitioner is in custody since 25.09.2020, having no criminal antecedent. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai in Bhagwanpur (Teyay O.P. ) P.S. Case No. 221 of 2020, G.R. No. 954 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive

Patna High Court CR. MISC. No.9101 of 2021(2) dt.02-07-2021 3/3 dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T