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Patna High CourtCR. MISC./82491/2019bail granted

Ram Binod Singh v. The State Of Bihar

2019-12-12Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82491 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- NAYAGAON District- Begusarai ====================================================== RAM BINOD SINGH Son of Late Sitaram Singh Resident of Village - Nayaganw (Nayagaon), P.S.- Chhitrour (Chhitraur), P.S.- Nayagaon (Nayaganw), Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Nayagaon (Nayagawn) P.S. Case No. 52 of 2019 registered under Sections 120(b) of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, he has no concern with any of the vehicles which were intercepted by the police, his name has transpired in the confessional statement of the apprehended accused, however he has no criminal antecedent.

Patna High Court CR. MISC. No.82491 of 2019(2) dt.12-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for anticipatory 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 petitioner has no concern with any of the vehicles which were intercepted by the police, he has no criminal antecedent and his name has transpired in the confessional statement of the apprehended accused Jitendra Kumar who has been granted regular bail by this court in Cr. Misc. No.

76093/2019 and the co-accused Gulshan Kumar from whose possession certain illicit liquors are said to have been recovered has been granted anticipatory bail by learned Coordinate Bench of this court and there being no other material to connect the petitioner with the present case, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II - cum - Special Judge, (Excise Act), Begusarai, in connection with Nayagaon (Nayagawn) P.S. Case No. 52 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.82491 of 2019(2) dt.12-12-2019 3/3 (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 officer;

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