Rupesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85380 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== RUPESH KUMAR BHAGAT Son of Sitaram Bhagat Resident of VillageManaitar, P.S.- Dhansar, District- Dhanbad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha, Advocate For the Opposite Party/s :

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

The petitioner in this case is seeking regular bail in connection with Ranitalab P.S. Case No. 185 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of liquor has been made from a pick-up van on which the petitioner was working as a cleaner and he was not aware of the articles which were being transported. It is further submitted that the petitioner is in custody since 29.07.2019 having no criminal antecedent and investigation in this case is complete.

Learned APP has opposed the prayer for bail of the

Patna High Court CR. MISC. No.85380 of 2019(2) dt.09-01-2020 2/3 petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner was working as a cleaner on a pick-up van and was not aware of the articles which were being transported and that he has got no criminal antecedent and has remained in custody since 29.07.2019, the investigation against him is complete, let the petitioner above named be released on bail in connection with Ranitalab P.S. Case No. 185 of 2019, Special Case No. 6792 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 Special Judge, Excise Act, Patna , 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 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

Patna High Court CR. MISC. No.85380 of 2019(2) dt.09-01-2020 3/3 disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T