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Patna High CourtCR. MISC./5087/2019bail granted

Ranjeet Kumar v. The State Of Bihar

2019-01-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5087 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Ranjeet Kumar, Aged about 24 years, Son of Ram Singh, Village- Pipraura, P.S.- Madanpur, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Madanpur P.S. Case No. 279 of 2018 registered for offences under sections 30(a) of the Bihar Excise Prohibition and Excise Act, 2016 and Section 341, 323, 308, 504/34 of the Indian Penal Code.

In the present case, the police has recovered 1.6 liter of illicit country made liquor from the seized pulser motorcycle of the petitioner bearing registration no. BR-26C-9909. The petitioner has got no criminal antecedent. Looking to the quantity of liquor recovered as also the petitioner having no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released

Patna High Court Cr.Misc. No.5087 of 2019(2) dt.30-01-2019 2/2 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 Sessions Judge VII cum Special Judge (Excise), Aurangabad in connection with Madanpur P.S. Case No. 279 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. It is also made clear that, in future, if the petitioner is found involved in similar offences, the prosecution will be at liberty to pray for cancellation of the bail bonds of the petitioner.

However, at the time of accepting bail bonds, the court below will also verify and ensure itself regarding criminal antecedent of the petitioner, if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 29.01.2019, then he will not be released.