← Library
Patna High CourtCR. MISC./11720/2021allowed

Ranjeet Kumar v. The State Of Bihar

2021-06-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11720 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== RANJEET KUMAR Son of Sambhu Prasad Resident of Village - Parauna, P.S.- Noorsarai, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar, Adv.

Mr.Devendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with G.O. Case No.272 of 2020 registered for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

Altogether 480 liters of country made liquor is said to have been recovered from the vehicle of the petitioner.

Patna High Court CR. MISC. No.11720 of 2021(2) dt.28-06-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. Although the vehicle belongs to the petitioner but the same is used for transportation on hire basis and petitioner has also engaged a driver for this purpose. He has been falsely implicated in this case by the police on denial to give illegal amount. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 12.10.2020. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, 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 A.D.J.-II-cum-Special Judge, Nawada, in connection with G.O. Case No. 272/2020 with the following conditions:- (1) One of the bailors will be own close relative of the

Patna High Court CR. MISC. No.11720 of 2021(2) dt.28-06-2021 3/3 petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.

Further, the bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T