Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32980 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

RANJEET KUMAR Son of Rajendra Sah Resident of Village - Janki Tola, Sahugarh, Ward no.- 3, P.S. - Madhepura, District - Madhepura. 2.

Subhash Kumar Son of Vijay Sah Resident of Village - Saidpur ward no.- 1, P.S.- Chhorahi, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with C-1 No. 13 of 2021/ CIS No. 13 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act., 2016.

Recovery is of 69.750 liters of foreign liquor. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioners rather the alleged recovery has been made form a car

Patna High Court CR. MISC. No.32980 of 2021(3) dt.18-01-2022 2/3 bearing registration No. JH-01V-4483. These petitioners have no concern with the alleged vehicle. The petitioners are rotting in judicial custody since 24.01.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that petitioner No.1 bears one criminal history other than the present one whereas the petitioner No.2 is of clean antecedent. Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with C-1 Case No. 13 of 2021/CIS No. 13 of 2021 with the following conditions:-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.32980 of 2021(3) dt.18-01-2022 3/3 move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T