Vikash Ranjan @ Chhotu Singh @ Bikash Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14815 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- VIJAYEPUR District- Gopalganj ====================================================== Vikash Ranjan @ Chhotu Singh @ Bikash Ranjan, son of Umesh Singh, Resident of Village-Bhore, P.S.-Bhore, District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Trial No.4717 of 2021 arising out of Vijay Pur P.S. Case No.154 of 2020 registered for the offence punishable under Sections 30(a), 32(3), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 25(1-b) (A), 25 Arms Act. The allegation is of recovery of one loaded country
Patna High Court CR. MISC. No.14815 of 2021(3) dt.08-09-2021 2/3 made pistol and three live cartridges from the petitioner's conscious possession and 233.280 litres liquor from the vehicle in which he was allegedly travelling.
Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Recovery is not in accordance with law. He has no connection with the seized vehicle, wine or arms whatsoever. Having no criminal antecedent, he is in custody since 07.10.2020. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II cum Special Judge (Excise), Gopalganj, in connection with Trial No.4717 of 2021 arising out of Vijay Pur P.S. Case No.154 of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.14815 of 2021(3) dt.08-09-2021 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T