Rajesh Kumar Ranjan @ Rajesh Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24561 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Rajesh Kumar Ranjan @ Rajesh Rajak Son Of Shyam Chandra Rajak Resident Of Village - Baratad @ Badatad, P.S.- Devdar @ Deoghar, District - Godda (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks bail in a case registered in connection with Kahalgaon ( Ghogha) P.S.Case No. 98 of 2022 for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act 2016.
As per the prosecution case, it is alleged that while the police party was conducted vehicle checking, intercepted Desire Car bearing registration no. JH-01N-7772 and on search being made altogether 151.5 liters country made foreign liquor was
Patna High Court CR. MISC. No.24561 of 2022(2) dt.22-07-2022 2/3 recovered. It is further alleged that petitioner was arrested from the car.
It is submitted by the learned counsel for the petitioner that petitioner was driver of the alleged seized car and in fact , petitioner was not aware as to what was loaded in the car by the consignor. It is further submitted that there are various infirmities in the preparation of seizure list and moreover there is no independent witness to the alleged occurrence. It is next submitted that this petitioner is in custody since 10.02.2022. It is lastly submitted that investigation of the crime is already completed and the charge sheet has been submitted. Petitioner also gives under taking that he will cooperate in the trial till its conclusion. On the other hand, learned counsel for the State opposed the bail application of the petitioner.
Having heard the rival contentions of the parties and taking into consideration the fact that petitioner is driver of the car and the seized liquor does not belong to him and he is in custody since 10.02.2022, though investigation has already been concluded and the charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.24561 of 2022(2) dt.22-07-2022 3/3 the like amount each to the satisfaction of learned Special Judge Excise 1st, Bhagalpur in connection with Kahalgaon ( Ghogha) P.S Case no. 98 of 2022 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U T