Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23315 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RANJEET KUMAR son of Sri Ram Singh Resident of village- Pipraura, P.S.- Madanpur, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Senior Advocate Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Excise Case No. 186 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 104.4 litres of illicit country made liquor.

Patna High Court CR. MISC. No.23315 of 2022(2) dt.21-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that alleged recovery has been made from vehicle, which was jointly occupied by the other co-accused persons, further no way connected with the petitioner. It has further been submitted that petitioner is involved in two other case, in which, he is on bail. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has been made from jointly occupied vehicle.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Excise Case No. 186 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Ixth-cum-Special Judge Excise IInd, Aurangabad /concerned court, subject to the following

Patna High Court CR. MISC. No.23315 of 2022(2) dt.21-07-2022 3/3 conditions:

"(i)That 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 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 Manjit Kumar, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T