Sunny @ Mass @ Masa @ Rajkumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81719 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sunny @ Mass @ Masa @ Rajkumar Kushwaha Son of Late Ramashankar Singh Resident of Village - Jagadishpur, P.S.- Buxar (Muffasil), Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate Mr. Amit Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State.

The petitioner seeks bail in Buxar (Muffasil) P.S. Case No. 005 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. Prosecution case is that police on secret information, conducted raid. After seeing the police party, accused persons fled away and the police recovered 2324.34 litres of foreign liquour from Khalihan of the accused persons including this petitioner.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.81719 of 2019(2) dt.11-12-2019 2/3 case on the basis of suspicion. Petitioner is not apprehended on the spot. Petitioner has no concern with the recovered liquour. The provision of section 100 Cr.P.C has not been followed. Other co-accused have been granted bail by different benches of this court vide order dated 08.08.2019 passed in Cr. Misc. No. 49774 of 2019, order dated 15.10.2019 passed in Cr. Misc. No. 61467 of 2019, order dated 24.09.2019 passed in Cr. Misc. No. 60483 of 2019, order dated 04.12.2019 passed in Cr. Misc. No. 61546 of 2019 and order dated 21.02.2019 passed in Cr. Misc. No. 10527 of 2019. Petitioner is in custody since 16.11.2019. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge Iind-cum-Special Judge, Excise Act, Buxar in connection with Buxar (Muffasil) P.S. Case No.

Patna High Court CR. MISC. No.81719 of 2019(2) dt.11-12-2019 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T