Ranjan Kumar Yadav @ Rajan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33336 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== RANJAN KUMAR YADAV @ RAJAN KUMAR YADAV S/O SRI RAMJI YADAV @ RAMJI CHAUDHARY R/o village- Baterdah Tola Chainpur, P.S.- Barauli, District- Gopalgnaj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kaushlendra For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (A)/ 37(B) (C) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 216 liters of country made liquor has been recovered near the Bathan of the petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery rather the recovery is made from near the Bathan which an open place for all. Petitioner claims clean antecedent and is in custody since 22.02.2021 and

Patna High Court CR. MISC. No.33336 of 2021(2) dt.02-09-2021 2/2 investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Gopalganj in connection with Barauli PS case No. 25/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T