Toofani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73750 of 2019 Arising Out of PS. Case No.-356 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Toofani Rai S/o Dharmnath Rai, Residence of Village- Jamuna Mathiya, P.S.- Chapra Muffasil, District- Saran at Chapra.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Chapra Mufasil P.S. Case No. 356 of 2019 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 41(1) 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 the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and petitioner is implicated in this case due to confessional statement of co-accused namely Raj Kumar Ram and the motorcycle in question does not belong to the petitioner.

Patna High Court CR. MISC. No.73750 of 2019(2) dt.26-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of this case, wherein it transpires from the record that the illicit liquor has not been recovered from the possession of the petitioner, the motorcycle in question does not belong to him as stated in Paragraph '10' of this application and that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned XI A.D.J., Saran, Chapra in connection with Chapra Muffasil P.S. Case No. 356 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the 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

Patna High Court CR. MISC. No.73750 of 2019(2) dt.26-11-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) ved/- U T