Raj Kumar vs The State Of Bihar on 13 August, 2021

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Patna High Court - Orders

Raj Kumar vs The State Of Bihar on 13 August, 2021

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30253 of 2021
                      Arising Out of PS. Case No.-60 Year-2021 Thana- PARSABAZAR District- Patna
                 ======================================================
                 RAJ KUMAR Son of Kalindra Yadav @ Kalandra Yadav Resident of Village-
                 Lalsachak, P.S.- Dhanarua, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Ranjan
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-08-2021

Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 300 liters of country made liquor was recovered from a tempo in which this petitioner was sitting and he was arrested on the spot.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. The recovery was made from a tempo. The petitioner is neither owner nor driver of the tempo. Petitioner claims clean antecedent and is in custody Patna High Court CR. MISC. No.30253 of 2021(2) dt.13-08-2021 2/2 since 29.01.2021 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No. 1033/2021, arising out of Parsa Bazar PS case No. 60/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/-

U       T

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Patna High Court - Orders