Ranjit Singh @ Ranjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24720 of 2022 Arising Out of PS. Case No.-18 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ranjit Singh @ Ranjeet Singh Son Of Late Devendra Singh R/O VillagePanchmahla Manjhaul, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 18 of 2021 registered for the alleged offences under Sections 188, 290, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, police received secret information about the petitioner and other co-accused persons bringing a consignment of illicit liquor and keeping it concealed

Patna High Court CR. MISC. No.24720 of 2022(2) dt.16-08-2022 2/3 in a ditch at an identified open place and other two co-accused persons were stated to be keeping watch over it. A raid was conducted and two persons fled away from the spot and were identified as co-accused Sumit Kumar and his father Surendra Prasad Singh. The recovery of 1218.3 liters of India made foreign liquor was made from the identified place. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession. He was not present at the place of occurrence. The recovery is stated to be made from an open space which does not belong to this petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 19.03.2022. Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession and also considering the submission of charge sheet as well as period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty

Patna High Court CR. MISC. No.24720 of 2022(2) dt.16-08-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 18 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T