Patna High Court - Orders
Rajesh Rai @ Rajesh Kumar Yadava vs The State Of Bihar on 11 June, 2020
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5426 of 2020
Arising Out of PS. Case No.-365 Year-2019 Thana- MAHUA District- Vaishali
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RAJESH RAI @ RAJESH KUMAR YADAVA Son of Ramgati Rai @
Ramgati Ray Resident of Village-Gauspur Salkhani, P.S-Mahua, District-
Vaishali.
... ... Petitioner.
Versus
THE STATE OF BIHAR
... ... Opposite Party.
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Appearance :
For the Petitioner : Mr. Rajeev Ranjan No.II, Advocate.
For the State : Mr. Ramesh Chandra, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 11-06-2020Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing.
The petitioner apprehends his arrest in connection with Mahua P.S. Case No.365 of 2019 registered under Section 414 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition and Excise Act.
The accusation is that on receiving the telephonic information about parking of the truck loaded with the cartoons of liquor in the orchard of Rajeshwar Singh Chauhan of village- Harpur Belwa, and the parking of several four wheeler vehicles nearby there and the cartoons of the liquor are being unloaded from the truck for loading the same on the vehicles standing there, the informant along with police personnel reached there. Patna High Court CR. MISC. No.5426 of 2020(3) dt.11-06-2020 2/3 In the light the torch, they saw 8 persons including the petitioner indulged in unloading the cartoons of the liquor from the truck for loading the same in the four wheeler vehicles standing there. On seeing the police party, all succeeded to flee away. On search, 21 cartoons, each containing 48 bottles of 180 ml., 202 cartoons, each containing 48 bottles of 180 ml. and 222 cartoons, each containing 24 bottles of 375 ml., liquor, were recovered from the truck bearing Registration No.MP 06 HC- 0691, 60 cartoons, each containing 48 bottles of 180 ml. liquor, were recovered from the pickup van bearing Registration No.JH 015-4902, 42 cartoons, each containing 24 bottles of 375 ml. liquor, were recovered from the Magic vehicle bearing Registration No.BR 31G 6927, 20 cartoons, each containing 24 bottles of 375 ml. liquor were recovered from the Bolero vehicle bearing Registration No.BR 31PA-1384, and 50 cartoons, each containing 48 bottles of 180 ml. liquor were recovered from the orchard land of Rajeshwar Singh Chauhan.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner and 7 others were identified by the informant and other police personnel in the light of the torch, while they were fleeing away from the place of the occurrence but they did not disclose the source of Patna High Court CR. MISC. No.5426 of 2020(3) dt.11-06-2020 3/3 identification how they came to know the name of the petitioner and others. The petitioner has no criminal antecedent and the similarly situated co-accused Rahul Kumar Singh has already been granted the privilege of pre-arrest bail by a Bench of his Court vide order dated 14.01.2020 passed in Criminal Misc. No.1714 of 2020.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge- cum-Special Judge (Excise), Vaishali at Hajipur, in connection with Mahua P.S. Case No.365 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./-
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