Rajesh Patel @ Rajesh Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rajesh Patel @ Rajesh Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, deposit of Rs.20,000 to the Lawyer's Association Welfare Benevolent Fund, one bailor being a blood relative, and abstention from similar offences till conclusion of trial.

Issue for consideration

Whether the petitioner, apprehending arrest in Bajpatti P.S. Case No. 153 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C. and the further conditions that one bailor will be his own blood relative and that he shall not indulge in any similar offence till conclusion of the trial.

Ratio / Principle

The grant of bail is conditioned on the petitioner depositing Rs.20,000 in the Lawyer's Association Welfare Benevolent Fund, and the learned Court below is to accept the bail bond only on production of the receipt of that deposit.

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) — Patna High Court — applicant apprehending arrest in Bajpatti P.S. Case No. 153 of 2024 (Thana Bajpatti, district Sitamarhi) for offence under S. 30(a) of the Bihar Prohibition and Excise Act — counsel stated no incriminating article recovered from conscious physical possession, 18 liters of Nepali liquor said to be recovered from the motorcycle, and applicant having four criminal antecedents — held: bail granted in the event of arrest or surrender within six weeks on bail bond of Rs.25,000/- with two like sureties, subject to S. 438(2) Cr.P.C. conditions and further that one bailor be a blood relative and the applicant not indulge in any similar offence till conclusion of trial — bail bond to be accepted only on receipt of deposit of Rs.20,000 in the Lawyer's Association Welfare Benevolent Fund, Patna (A/c No. 7801893276, IFSC IDIB000L501, Indian Bank, LNMI Branch, Bailey Road).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87143 of 2024

Arising Out of PS. Case No.-153 Year-2024 Thana- BAJPATTI District- Sitamarhi

======================================================

Rajesh Patel @ Rajesh Ray Son of Dahaur Patel @ Dahaur Ray Village -Shivaipatti P.S -Bajpatti District- Sitamarhi

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Jha For the Opposite Party/s : Mr.Parmanand Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 19-12-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 18 liters of Nepali liquor is said to have been recovered from the motorcycle. He submits that the petitioner is being made the scapegoat by the police on the basis of his criminal antecedents. He submits that the petitioner has four criminal antecedents as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the account of Lawyer’s Association Welfare Benevolent Fund, bearing Account

Patna High Court CR. MISC. No.87143 of 2024(2) dt.19-12-2024 2/2

No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI

Branch, Bailey Road, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Bajpatti P.S. Case No. 153 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer’s Association Welfare Benevolent Fund, Patna.

(Anjani Kumar Sharan, J)

devendra/- U T