Rajnish Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78650 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== RAJNISH THAKUR S/o Sanjay Thakur R/o village- Ratanpur, Abhiman, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner who is in custody seeks bail in LNMU PS Case No. 201 of 2018 registered under Sections 414 of the IPC, Section 25(1-b) of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted by learned Counsel appearing for the petitioner that the alleged recovery of empty liquor bottle and country made pistol is from his rented premises in his absence. It is submitted that the recovery is not in accordance with law and that the entire prosecution story is false and fabricated. Upon his implication in the instant case a second FIR has also been lodged. Prior to the instant case there is no other case pending against the petitioner. Petitioner is in custody since 20.6.2019.

Learned APP for the State opposes the prayer. Considering the aforesaid submissions as also the

Patna High Court CR. MISC. No.78650 of 2019(2) dt.03-12-2019 2/2 facts and circumstances of the case, 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 Additional Sessions Judge II -cum- Special Judge (Excise Act), Darbhanga in LNMU PS Case No. 201 of 2018 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 in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T