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Patna High CourtCR. MISC./20094/2020allowed

Ranjeet Kumar v. The State Of Bihar

2020-09-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20094 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== RANJEET KUMAR, Son of Late Ram Prasad, Resident of Village - Brahampura Sanjay Cinema Gate, Vidhyaniketan Marg, P.S.- Brahampura, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defect within two weeks of normal functioning of the Court, failing which the office is directed to place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b) a, 25 (1-b) AA, 25 (1-b) AAA, 25 (1-b), 26, 35 of the Arms Act and Sections 30 (a), 38, 41 of the Bihar Prohibition and Excise Act. Prosecution case in brief is that one B.N. Ram Inspector cum SHO lodged his self-statement on 04.02.2020 he alongwith other police personnel were at patrolling duty. In the

Patna High Court CR. MISC. No.20094 of 2020(3) dt.01-09-2020 2/3 meantime, he received confidential information that some persons were doing smuggling of illegal arms and ammunition near the Bairiya Golambar. After raided by the police, police have recovered total 20 cartridges and one mobile phone from the possession of the petitioner and also recovered total 3.600 ml. foreign liquor from the house of the petitioner. Learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 3.600 ml. of foreign liquor from the house of the petitioner. The petitioner is in jail custody since 06.02.2020. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Learned APP for the State opposes the bail petition.

Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the period under custody, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Brahampura P.

Patna High Court CR. MISC. No.20094 of 2020(3) dt.01-09-2020 3/3 S. Case No. 34 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund.

(Anjani Kumar Sharan, J) amitkumar/- U T