Patna High Court
CR. MISC./68367/2022 of LALAN RAJBANSHI Vs THE STATE OF BIHAR on 24 December 2022
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68367 of 2022 Arising Out of PS. Case No.-370 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Lalan Rajbanshi S/o Binod Rajbanshi @ Vijay Rajbanshi R/v- Jobkala, P.S.- Rajauli in the district
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24-12-2022
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.68367 of 2022
Arising Out of PS. Case No.-370 Year-2021 Thana- RAJAOLI District- Nawada ======================================================
Lalan Rajbanshi S/o Binod Rajbanshi @ Vijay Rajbanshi R/v- Jobkala, P.S.-Rajauli in the district of Nawada
... ... Petitioner/sVersus
The State of Bihar
... ... Opposite Party/s
======================================================Appearance :For the Petitioner/s: Mr. Sunil Kumar, Advocate Mr. Pankaj Kuamr, AdvocateFor the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a periodof four weeks from today.
The petitioner seeks bail in connection with Rajauli P.S. Case No. 370 of 2021 registered for the offence underSections 30(a)(d) and 41 of the Bihar Prohibition and ExciseAct, 2018.
The accused/petitioner is named in the F.I.R. and is incustody since 29.04.2022.
The allegation against the petitioner is to be engagedin illegal trading/manufacturing of illicit liquor, where, there isrecovery of 45 litres of IMFL/country made liquor from an open place.
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Learned counsel appearing on behalf of the petitionersubmitted that the alleged recovery of illicit liquor was madefrom “Kabristan”, which is an open place and accessible bygeneral public at large. It is submitted that as petitioner foundinvolved in 11 cases, a suspicion arises out of said antecedents,causing implication in present case also, without having anyconnecting evidence, where he is on bail in 10 cases. Whileconcluding the argument, it has been submitted thatinvestigation has been completed, for which, charge-sheet hasbeen submitted, as such, there is no chance of tampering withthe evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentionedabove, as recovery of alleged illicit liquor appears to be madefrom an open place coupled with the fact that charge-sheet hasalready been submitted, let the petitioner, above named, isdirected to be released on bail in connection with Rajauli P.S.Case No. 370 of 2021 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amounteach to the satisfaction of learned Exclusive Special ExciseCourt-2, Nawada/concerned court, subject to the following pooja/- UT
conditions:
“(i) That the accused/petitionershall not involve in the similar nature ofoffence till the conclusion of trial, failingwhich the State shall be at liberty to movebefore the Trial Court itself for thecancellation of bail bond of the petitioner.
(ii) Accused/Petitionershallcooperate in the trial and shall be physicallypresent on each and every date before theTrial Court till conclusion of the trial andexemption from physical appearance beallowed by the Trial Court, only on medicalground of the petitioner duly supported bythe documents.”
(Chandra Shekhar Jha, J)
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