Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10815 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- BHELDI District- Saran ====================================================== Ranjan Kumar, son of Dharmnath Ray, resident of village-Shikarpur, P.S.- Bheldi, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sanjana, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Bheldi P.S. Case No. 196 of 2021 registered for the alleged offences under Sections 30(a)/ 36/ 41(i) of the Bihar Prohibition And Excise Act.

Allegedly, the petitioner was apprehended with 90 litres of country made illicit liquor carrying the same on a motorcycle along with the co-accused Raj Kumar Rai. The learned counsel for the petitioner submits that nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.10815 of 2022(2) dt.01-07-2022 2/3 person/possession of this petitioner. Two persons were apprehended riding a motorcycle, but it is not clear from whose possession this liquor has been seized. The co-accused Raj Kumar Rai has been granted bail in Cr. Misc. No. 3998 of 2022. The petitioner is in custody since 18.06.2021 and his antecedent is clean.

Learned APP opposes the prayer for bail made on behalf of the petitioner.

Having regard to the submissions made hereinabove and considering the fact that the co-accused has been allowed bail by a coordinate Bench of this Court and further considering the period of his custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cum-Special Judge, Excise, Saran at Chapra in connection with Bheldi P.S. Case No. 196 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.10815 of 2022(2) dt.01-07-2022 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T