Niraj Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84922 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- NAWADA District- Nawada ====================================================== NIRAJ RAJBANSHI S/o Ramswaroop Rajbanshi R/o village- Ramdeo, P.S.- Akbarpur, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Nawada (Town) P.S. Case No. 299 of 2019 registered for the offences punishable under Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the alleged recovery of illicit liquor of 750 ml. has been made from apprehended accused Pramod Kumar who was apprehended with the motorcycle of the petitioner. Learned counsel for the petitioner submits that nothing has been recovered from the motorcycle.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.84922 of 2019(2) dt.09-01-2020 2/3 anticipatory bail.

Considering the facts and circumstances of the case wherein it is the submission of the petitioner that though the coaccused Pramod Kumar was arrested with one bottle of liquor containing 750 ml., from the motorcycle which belongs to the petitioner no illicit liquor has been recovered as also that the petitioner has no criminal antecedent, let the petitioner above named, in case of his arrest or surrender within a period of four weeks from today in connection with Nawada (Town) P.S. Case No. 299 of 2019 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Nawada, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (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;

Patna High Court CR. MISC. No.84922 of 2019(2) dt.09-01-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T