Raja Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.975 of 2022 Arising Out of PS. Case No.-436 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== RAJA RAJBHAR S/o- Hiralal @ Hiralal Rajbhar Resident of VillageDalkola, Ward No. 5, P.S.- Dalkola, District- Uttar Dinajpur (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 594 litres of liquor was recovered from the pick-up van of which the petitioner was the driver.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or from his vehicle. He has been falsely implicated in the case. He is in custody since 20.6.2021 and has no criminal antecedent.

The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.975 of 2022(2) dt.08-06-2022 2/2 for the State who submits that the petitioner is a resident of outside the State of Bihar and once he is enlarged on bail he will not cooperate in the trial.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having any criminal antecedent and having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Forbesganj (Simraha) P.S. Case no. 436 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge -cum-Special Judge, Araria subject to the following conditions :

(i) One of the bailors of the petitioner shall be a close relative of the petitioner.

(ii) The other bailor of the petitioner shall be resident of a place within the jurisdiction of the learned trial Court.

(Partha Sarthy, J) Prakash/- U