Rajesh Singh @ Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67358 of 2021 Arising Out of PS. Case No.-917 Year-2021 Thana- NAWADA District- Nawada ====================================================== Rajesh Singh @ Rajesh Chaudhary, Son of Late Yadu Singh Resident of Mohalla - Mal Godam, Chai Road, Nawada, Police Station - Nawada Town, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Nawada Town P.S. Case No.917 of 2021 instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is of having caught by the police with 1.800 liter of countrymade liquor. Learned counsel for the petitioner submits that only because of the fact that he has criminal antecedent under his belt, he has been implicated in this case. He further submits that he is in jail since 30.08.2021 and lastly submits that if this time,

Patna High Court CR. MISC. No.67358 of 2021(2) dt.16-05-2022 2/3 this Court grant him the privilege of bail, he will try to reform himself.

Taking into account the aforesaid fact that he has been caught with 1.800 liter of countrymade liquor and is in jail since 30.08.2021 and the charge sheet has been submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Nawada Town P.S. Case No.917 of 2021 to the satisfaction of learned Additional District & Sessions Judge, Iind-cum-Special Judge, Nawada, subject to following conditions:

(i) one of the bailor should be the family member 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 reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.67358 of 2021(2) dt.16-05-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T