Ranvijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17599 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ranvijay Singh Son Of Late Chetan Singh Resident Of Mohalla - Kshyatriya Nagar, Ward No. - 01, P.S. - Town, District - Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 30.01.2023 in connection with Town P.S. Case No. 72 of 2023 , F.I.R. dated 29.01.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of total 55.50 liters of illicit liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been

Patna High Court CR. MISC. No.17599 of 2023(2) dt.17-05-2023 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from joint house of the petitioner. He further submits that there is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. and petitioner has no concern at all with the alleged recovery of illicit liquor. He further submits tht similarly situated co-accused namely, Aayush Kumar @ Robin Kumar @ Robin has been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 12.05.2023 passed in Cr. Misc. No. 18375 of 2023. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since30.01.2023.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, let the petitioner, 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 Special Judge, Excise 1st, Aurangabad in connection with Town P.S. Case No. 72 of 2023, subject to the following conditions:-

Patna High Court CR. MISC. No.17599 of 2023(2) dt.17-05-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T