Raju Kumar @ Raju Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65995 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== RAJU KUMAR @ RAJU DAS Son of Bullu Das @ Bulu Das Resident of Village - Motipur, P.S.- Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Yadav For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and 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 connection with Tajpur P.S. Case No. 187 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. 11.88 litres illicit liquor has been recovered from the petitioner's house.

It is submitted by petitioner's counsel that the house is a joint family property and petitioner was not aware of any illicit liquor having been brought in the house. The

Patna High Court CR. MISC. No.65995 of 2021(2) dt.31-05-2022 2/3 petitioner has been implicated in four cases prior to the instant case. He is on bail in Tajpur P.S. Case No. 389/2017 and Samastipur P.S. Case No. 87/2018. He is in custody since 20.09.2021. It is submitted that investigation is complete. Learned APP has opposed the prayer for bail.

Considering the rival submission, period of custody and minuscule quantum of recovery as also the fact that investigation is complete, this Court is inclined to allow the prayer.

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 Additional Sessions Judge-II-cum-Special Judge (Excise), Samastipur in Tajpur P.S. Case No. 187 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving 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 dates, his

Patna High Court CR. MISC. No.65995 of 2021(2) dt.31-05-2022 3/3 bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T