Mahendra Singh Rajput v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62764 of 2022 Arising Out of PS. Case No.-422 Year-2022 Thana- BIHTA District- Patna ====================================================== Mahendra Singh Rajput, aged about 28 years, Male, S/o Rajesh Singh Rajput Resident of village- Vairsala, Police Station- Udaypur, District- Raison (M.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bihta P.S. Case No. 442 of 2022 registered for the offence punishable under Section 30(a), 41(1)/36/32(II)/(III) of the Bihar Prohibition and Excise Act. 50.300 litres (fifty litres and three hundred millilitres) of illicit liquor has been recovered from the vehicle. Petitioner is stated to be passenger in the vehicle.

It is submitted by the petitioner's counsel that he had taken lift in the vehicle and has become victim of the circumstances, having no criminal antecedents. He is in custody since 03.05.2022. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner

Patna High Court CR. MISC. No.62764 of 2022(3) dt.13-01-2023 2/2 is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Bihar Prohibition and Excise Act, Patan, in connection with Bihta P.S. Case No. 422 of 2022, 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 bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) rajkishore/- U T