Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18256 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== RANJAN KUMAR SON OF SURENDRA MANJHI Resident of Village - Madhopur, P.S.- Barhariya, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Phulwariya (Sripur O.P.) P.S. Case No. 305 of 2020 registered under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2018.

103.68 litres illicit liquor has been allegedly recovered from the back seat and dickey of the vehicle which the petitioner was driving.

It is submitted by the petitioner's counsel that being

Patna High Court CR. MISC. No.18256 of 2021(2) dt.26-10-2021 2/3 driver he was not aware of the fact that illicit liquor was kept in the vehicle and he was discharging his professional service. He has no criminal antecedents. Further submission is that seizure is not in accordance with law. The petitioner is stated to be in custody since 14.12.2020.

Learned APP 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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, (Excise), Gopalganj, in Phulwariya (Sripur O.P.) P.S. Case No. 305 of 2020, 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

Patna High Court CR. MISC. No.18256 of 2021(2) dt.26-10-2021 3/3 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) SUMIT/- U T