Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66914 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Rajesh Kumar, Son of Shivan Bind @ Shivnandan Bind, Resident of VillageKhawa Bind Toli, P.S.- Medani Chowki, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mednichowki P.S. Case No.79 of 2022 registered for the offence punishable under Section 393 of the I.P.C. and Sections 37(b), 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Petitioner along with one co-accused was allegedly trying to commit robbery on the National Highway. Petitioner has been arrested in an inebriated condition, whereas other person fled away and identified by the petitioner, to be apprehended later on.

Learned counsel for the petitioner submits that the prosecution case is false. Petitioner has no antecedents. He was passing-by and has become a victim of the circumstance and is in custody since 21.06.2022. Investigation is complete. Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.66914 of 2022(3) dt.10-02-2023 2/2 Having regard to the manner of recovery, submissions advanced by the parties, period of custody, as also 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 is allowed. Accordingly, 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 Additional Sessions Judge-V-cumExclusive Special Court-2, Excise Act, Lakhisarai, in connection with Mednichowki P.S. Case No.79 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.

(Madhuresh Prasad, J) PNM U T