Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72051 of 2019 Arising Out of PS. Case No.-695 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== RAJESH KUMAR Son of Subhas Gop @ Subhas Yadav Resident of VillageBadi Patan Devi, Police Station- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Special Case No.8555 of 2019 arising out of Alamganj P.S. Case No.695 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with oblique motive. Learned counsel submits that there is no recovery of illicit liquor from the conscious possession of petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it appears that as per allegation 50 liters of illicit liquor has been recovered from the possession of this petitioner, the petitioner

Patna High Court CR. MISC. No.72051 of 2019(2) dt.04-12-2019 2/2 has no criminal antecedent and he is in custody since 24.09.2019, let the petitioner above named be released on bail on completion of investigation or on 24th December, 2019 whichever is earlier on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.8555 of 2019 arising out of Alamganj P.S. Case No.695 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.