Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16478 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Ranjeet Kumar, son of Yogeshwar Yadav @ Yougeshwar Yadav, resident of Village - Chainsihpatti, Ward No. -7, P.S. - Supual, District - Supaul. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar For the Opposite Party/s :
Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
The petitioner seeks bail in Excise C-1 Case No. 01/2021 instituted for the offence under Sections 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 189 litres of illicit liquor
Patna High Court CR. MISC. No.16478 of 2021(2) dt.05-10-2021 2/3 from the boot space of the car which was allegedly driven by the petitioner.
The counsel for the petitioner submits that the petitioner had no knowledge about the illicit liquor being carried in the car. He is not the owner of the vehicle. He is a victim of the circumstances. Recovery is not in accordance with the mandatory procedure under Section 100 of the Cr.P.C. The petitioner is in custody since 04.01.2021. Moreover, the driver of the vehicle has been allowed bail by a co-ordinate Bench of this Court vide order dated 13.07.2021 passed in Cr. Misc. No. 17987 of 2021.
The learned APP representing 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,
Patna High Court CR. MISC. No.16478 of 2021(2) dt.05-10-2021 3/3 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 the learned Additional District & Sessions Judge-2nd-cum-Special Judge(Excise), Purnea in connection with Excise C-1 Case No. 01 of 2021, subject to the following conditions:- (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. (Madhuresh Prasad, J) Shageer/- U T