Ranjeet Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28148 of 2022 Arising Out of PS. Case No.-460 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== RANJEET RAY, Son of Ganga Ray Resident of Village- Raghopur Mahdeyan, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2022 None appears on call through virtual mode in view of COVID-19..
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Minapur P.S. Case No.460 of 2020 instituted under Sections 272, 273, 120(b) / 34 of the IPC, 7(c), 20, 21, 22 N.D.P.S. Act and 30(a)/37(b) of Bihar Prohibition and Excise Act, 2018.
As per the prosecution story, the police raided the house of Ram Babu Sahni and apprehended his son Sikandar Sahni whereafter 150 ml. foreign liquor was recovered/seized. Further the police raided the house of one Ram Ishwar Rai and recovered 10.5 Kg. 'Ganja' and 280 liters of raw spirit. The arrested persons disclosed the name of the petitioner in their
Patna High Court CR. MISC. No.28148 of 2022(2) dt.02-09-2022 2/3 confessional statement whereafter this petitioner was taken into custody and is in jail since 22.03.2022 (para-7 of the bail application).
As per the averments made in the FIR, nothing has been recovered from his conscious possession and only on the basis of the statements made by the accused persons he has been taken into custody and is in jail since 22.03.2022. Considering the aforesaid facts that nothing has been recovered from conscious possession and he is in custody since 22.03.2022, charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Minapur P.S. Case No.460 of 2020 to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.28148 of 2022(2) dt.02-09-2022 3/3 dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T