Rakesh Kumar @ Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78258 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== Rakesh Kumar @ Rakesh Kumar Rai S/o Late Ramjee Rai Resident of Village-Bhorha (Bhorhan) P.S. Shyampur Bhataha,Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Shyampur Bhatha P.S. Case No. 120 of 2018 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 14.850 liters of foreign liquor from the joint house of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 06.11.2018. Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.78258 of 2018(2) dt.11-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 2nd -cum-Special Judge, Sheohar, District- Sheohar, in connection with Shyampur Bhataha P.S. Case No. 120 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T