Ranjit Kumar @ Ranjit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11847 of 2022 Arising Out of PS. Case No.-450 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Ranjit Kumar @ Ranjit Kumar Singh Son of Shyam Nandan Singh Resident of Village - Majhia, P.s.- Goraul (Katahra O.P), Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Goraul P.S. Case No. 450 of 2019 registered for the offence under Sections 272, 273, 420, 467, 468, 471 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
The accused/petitioner is named in the F.I.R. and is in
2/4 custody since 23.12.2021.
The allegation against the petitioner is to involve in illegal business of illicit liquor, where 4725 liters of IMFL was recovered from a truck.
Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Mohan Kumar and Vikki Kumar, who have already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 2063 of 2020. It is submitted that nothing surfaced in furtherance of disclosure made by the co-accused, which may connect the present petitioner with the alleged recovery of illicit IMFL. It is pointed out that petitioner is involved in one more criminal case, in which he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the name of the petitioner surfaced on the basis of confessional statement of coaccused persons. Considering the facts and circumstances as mentioned
3/4 above, as name of the petitioner surfaced on the basis of confessional statement of co-accused persons, in furtherance of which, nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery, let the petitioner, above named, is directed to be released on bail in connection with Goraul P.S. Case No. 450 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to the following conditions:
"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be
4/4 allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be Renu Devi, who is the wife of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T