IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)

CRIMINAL MISCELLANEOUS No.22620 of 2021

Arising Out of PS. Case No.-495 Year-2020 Thana- AKBARPUR District- Nawada

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RISHI KUMAR @ RISHI RAJ KUMAR, Son of Uday Narayan Singh,

Resident of Village - Nathanpura, P.S.- Nawada (Kadirganj O.P.), Distt.-

Nawada.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Sachida Nand Rai, Advocate

For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

17-08-2021

Learned counsel for the petitioner undertakes to remove

all the defects as pointed out by office within four weeks after start

of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr.

Rajendra Singh, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in

connection with Akbarpur P.S. Case No. 495 of 2020 registered for

the offence punishable under Section 30(a)of Bihar Prohibition

and Excise Act, 2016.

Learned counsel for the petitioner submits that on secret

information the informant intercepted a Sumo Victa vehicle and it

is stated that the persons boarded in the vehicle managed to escape

taking advantage of the darkness. It is alleged that from the said

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vehicle 1427 pieces cane bear total 713 litres and 500 Ml. have

been recovered.

Learned counsel submits that the petitioner is innocent

and has falsely been implicated in this case. It is submitted that the

petitioner has no concern with the vehicle from which the alleged

recovery of cane bear have been made. He is in custody since

23.12.2020.

Mr. Rajendra Singh, learned A.P.P. for the State has

opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case

wherein it is the submission of learned counsel for the petitioner

that the petitioner has no concern with the Sumo Victa vehicle

from which 713 litres and 500 Ml. of cane bear have been

recovered, the petitioner has got two criminal antecedents and he

is on bail in both the cases, in the present case he is in custody

since 23.12.2020, in the circumstances, this Court directs release

of the petitioner above named on bail on furnishing bail bond of

Rs. 25,000/- (Rupees Twenty Five Thousand only) with two

sureties of the like amount each to the satisfaction of learned

Additional District and Sessions Judge- 2^nd-cum-Special Judge,

Nawada in connection with Akbarpur P.S. Case No. 495 of 2020,

subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under :

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(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 disclosing such

facts to the Court or to any police officer or tamper with the

evidence.

And further condition that the court below shall verify

the criminal antecedent of the petitioner and in case at any stage it

is found that the petitioner has concealed his criminal antecedent,

the court below shall take step for cancellation of bail bond of the

petitioner. However, the acceptance of bail bonds in terms of the

above-mentioned order shall not be delayed for purpose of or in

the name of verification.

vats/-

(Rajeev Ranjan Prasad, J)

U

T

Note: The ordersheet duly signed has been at