Ranjeet Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3200 of 2019 Arising Out of P.S. Case No.-107 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== Ranjeet Chauhan, aged about 20 years (Male), son of Prem Sagar Chauhan resident of village Aadampur P.S Raghunathpur District Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Sahni, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Raghunathpur P.S.Case No.107 of 2018 for the offence alleged under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(A), 38(A) and 41(1) of the Bihar Prohibition & Excise Act, 2016.
The prosecution case as lodged by the police personnel is that on duty, they got a secret information that the petitioner along with four other co-accused are dealing in illicit liquor at Pattar Ghat. The police conducted a raid and from the place, they recovered 145.620 liters of foreign Indian Made Liquor along with a motorcycle but the accused persons managed to flee away. Accordingly, a seizure list was prepared.
Patna High Court Cr.Misc. No.3200 of 2019(2) dt.24-01-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, there is no criminal antecedent and it is only on hearsay that the petitioner has been named accused although he was not apprehended by the police. He further submits that although the date of seizure is 25.06.2018, petitioner was not apprehended from the place of occurrence rather was arrested on 04.11.2018 from another place. He further submits that it is only on suspicion that the petitioner has been made accused and nothing has been recovered from the conscious possession of the petitioner. Petitioner undertakes not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Raghunathpur P.S.Case No.107 of 2018 to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Siwan, subject to the following condition:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file
Patna High Court Cr.Misc. No.3200 of 2019(2) dt.24-01-2019 3/3 an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T