Rajkumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83423 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== Rajkumar Singh S/o Ashok Singh @ Janardan Singh, R/o Village- Pataua, P.S.- Darauli, District- Siwan.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Mairwa P.S. Case No. 144 of 2019 registered for the offences punishable under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that nothing has been recovered from the possession of the petitioner and petitioner has no concern with the Truck which was found loaded with liquor. Learned counsel submits that other co-accused have been granted bail by the learned Co-ordinate Benches of this Court. Petitioner is in custody since 02.12.2019 having no criminal

Patna High Court CR. MISC. No.83423 of 2019(2) dt.08-01-2020 2/3 antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case that the petitioner has no concern with the Truck which was found loaded with liquor and further submission that the coaccused who had been arrested on the spot has been granted regular bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 44363 of 2019 vide order dated 18.07.2019 and other co-accused have also been granted bail by another learned Coordinate Bench of this Court and also that the petitioner has no criminal antecedent, let the petitioner above named be released on bail in connection with Mairwa P.S. Case No. 144 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise, Siwan, 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

Patna High Court CR. MISC. No.83423 of 2019(2) dt.08-01-2020 3/3 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) vats/ved U T