Ranjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16652 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Ranjay Kumar Singh, Male, aged about 37 years, son of late Paras Singh, resident of Village-Maghi, P.S. Maharajganj, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Maharajganj P.S. Case No.10 of 2019 dated 13.01.2019 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 41 (i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner as it would also appear from the F.I.R and seizure list.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the alleged recovery of illicit liquor is said to have been

Patna High Court CR. MISC. No.16652 of 2019(2) dt.26-03-2019 2/2 made from the motorcycle of the petitioner but the seizure list witness, Chandan Kumar Singh is apparently not an independent witness because this petitioner has lodged a case against him being Maharajganj P.S. Case No.202 of 2017 dated 12.11.2017 as also that it is stated that witness no.2 Vishwanath Singh is a handicapped person and cannot move on his own, this Court is willing to extend the benefit of anticipatory bail to the petitioner, let in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Addl.

Session Judge 2nd -cum-Special Judge Excise, Siwan in connection with Maharajganj P.S. Case No. 10 of 2019, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.