Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77022 of 2019 Arising Out of PS. Case No.-422 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== RAJ KUMAR SINGH Son of Bipin Singh @ Bipin Bihari Singh Resident of Village - Chanda Kewatiya, P.S. Bihiya , District - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jagannath Prasad, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Bihiya P.S. Case No. 422 of 2018 registered for the offences punishable under Section 30A of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has been made from the outhouse of the petitioner which is not in complete possession of the petitioner. It is further submitted the petitioner is in custody since 20.10.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the recovery of illicit liquor has been shown from the outhouse of the

Patna High Court CR. MISC. No.77022 of 2019(2) dt.16-01-2020 2/2 petitioner which is not in complete possession and further that the petitioner has no criminal antecedent as also that the petitioner is in custody since 20.10.2019, investigation against him is complete, let the petitioner above named be released on bail in connection with Bihiya P.S. Case No. 422 of 2018 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IV-cum-Special judge, Excise, Bhojpur at Ara, 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. (Rajeev Ranjan Prasad, J) avin/- U T