Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18788 of 2022 Arising Out of PS. Case No.-1020 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ranjit Kumar Son of Lattu Rai @ Laddu Rai Resident of Chandralaya, P.S.- Sadar Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Kumar Sharma, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, 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 Hajipur Sadar P.S. Case No. 1020 of 2021 registered for the offence under Section 414 of the Indian Penal Code and Section 37(c) of Bihar Prohibition and Excise Act.

The accused/petitioner is named in the F.I.R. and is in custody since 19.11.2021.

The allegation against the petitioner is to be found in drunken condition and failed to produce the documents related with the vehicle.

Learned counsel appearing on behalf of the petitioner submitted that this is not a case of recovery of illicit liquor. It is

Patna High Court CR. MISC. No.18788 of 2022(2) dt.08-07-2022 2/3 submitted that as the petitioner was found in drunken condition and failed to produce the documents of the vehicle, the present false case has been lodged against the petitioner. It is further submitted that the allegation, as regard to have stolen vehicle, is merely on the basis of suspicion, as the registration number and engine number was not found legible and it has been assumed by the police that vehicle is stolen.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that this is not a case of recovery of liquor.

Considering the facts and circumstances as mentioned above, as this is not a case of recovery of illicit liquor from the physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 1020 of 2021 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 Sessions Judge, Vaishali at Hajipur, subject to the following conditions:

"(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.18788 of 2022(2) dt.08-07-2022 3/3 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 allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Bajrangi Ray, who is the maternal uncle of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T