Rajesh Kumar @ Rajesh Yadav @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55707 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Rajesh Kumar @ Rajesh Yadav @ Ranjan Kumar Son of Dineshwar Yadav @ Dinesh Yadav Resident of Village - Siswabarhi, P.S.- Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-09-2024 Heard Ms. Nitu Kumari, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Phulparas P.S. Case No. 352 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 25.06.2023 by the informant, Aditya Kumar Bhagat.

3. As per the prosecution story, the informant upon secret information, reached the backside of the house of the petitioner and recovered/seized 156 liters of Nepali liquor. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that admittedly, the recovery is from an open place (back side of the house of the petitioner) which has access to everyone and only

Patna High Court CR. MISC. No.55707 of 2024(2) dt.04-09-2024 2/3 to implicate him, the Chowkidar has named him.

5. Learned APP opposes the prayer submitting that the recovery is from back side of the house of the petitioner.

6. Considering the aforesaid submission as also that nothing has been recovered from his conscious possession rather from back side of the house of the petitioner, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Phulparas P.S. Case No. 352 of 2023 to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other 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

Patna High Court CR. MISC. No.55707 of 2024(2) dt.04-09-2024 3/3 bail bond by the Trial Court itself;

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

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (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. (Rajiv Roy, J) Ravi/- U T