Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 18225 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== RANJEET KUMAR SON OF MANOHAR SHARMA R/O VILLAGE NAVTOLIYA, P. S. CHAUTHAM, DISTRICT KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Chautham Police Station (for brevity, PS) Case No 214 of 2020 instituted for the offence punishable under Sections 30 (a) (f)/32 (3) of Bihar Prohibition and Excise Act.

Since 05.12.2020, the petitioner is in custody. There is alleged recovery of 108 liters of illicit liquor from a vehicle. Two persons have fled away on seeing the police party. Learned counsel for the petitioner submits that owner of the vehicle has stated the petitioner's name. The petitioner was not arrested at the time and place of recovery. There is no

Patna High Court CR. MISC. No.18225 of 2021(2) dt.26-10-2021 2/3 recovery of any illicit liquor from his possession and he has clean antecedent.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Khagaria in connection with Chautham PS Case No 214 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 represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today

Patna High Court CR. MISC. No.18225 of 2021(2) dt.26-10-2021 3/3 for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T