Raja Kumar @ Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55223 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== Raja Kumar @ Raja Singh Son of Upendra Singh Resident of village - Ekamba, P.S.- Khodawandpur, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Garhpura P.S. Case No. 67 of 2022, lodged Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the total recovery 1877.76 liter of wine has been made, which is a subject matter of the present case.

Learned counsel for the petitioner submits that petitioner has been apprehended in this case by virtue of confessional statement of the co-accused. He further submits that petitioner is in custody since 18.08.2022 having 5 criminal

Patna High Court CR. MISC. No.55223 of 2022(2) dt.02-12-2022 2/3 antecedents, in which he is on bail in 4 cases but in one case he is persuading for bail. Learned counsel further submits that charge-sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1, Begusarai in connection with Garhpura P.S. Case No. 67 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.55223 of 2022(2) dt.02-12-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T