Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62100 of 2022 Arising Out of PS. Case No.-604 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Rajesh Kumar Son of Sukhdev Yadav R/V- Machrak, P.S- Fatehpur, DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.

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 Fatehpur P.S. Case No. 604 of 2022 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

There is alleged recovery of 100 litres country-made illicit liquor tied in polythene behind the motorcycle, which the petitioner was allegedly driving.

Learned counsel for the petitioner submits that he has no

Patna High Court CR. MISC. No.62100 of 2022(2) dt.13-01-2023 2/2 concern with the motor-cycle or liquor. He was a passer-by and has been apprehended on suspicion. Having no criminal antecedent, he is in custody since 03.10.2022.

Learned APP 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 is inclined to allow the petitioner's prayer for bail. Prayer for bail of the petitioner is allowed.

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 Exclusive Special Excise Court No. 1, Gaya in Fatehpur P.S. Case No. 604 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) SUMIT/- U T