Patna High CourtCR. MISC./83285/2019bail granted

Rakesh Kumar Jha v. The State Of Bihar

2020-01-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83285 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== RAKESH KUMAR JHA Son of Vijay Jha Resident of Village - Brahampur (Sakari), P.S.- Manigachhi, Distt.- Darbhanga. (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of total 50.640 litres of foreign liquor kept on a thela near the boundary of station and informant was told that said illicit liquor belongs to petitioner. He submitted that petitioner is innocent and has been falsely implicated in this case on basis of suspicion. Nothing has been recovered from his possession. He has got no criminal antecedent and is in custody since 14.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.83285 of 2019(2) dt.06-01-2020 2/2 learned court below where the case is pending, in connection with Manigachhi P.S. Case No.145 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Prakash Narayan /- U T