Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37210 of 2021 Arising Out of PS. Case No.-299 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== RANJEET YADAV Son of Nandlal Yadav Resident of Village - Salarpur, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. An inadvertent typographical error has occurred in the prayer portion in description of the Case No. As per submission of the petitioner's counsel, instead of 299/219, it should be read as 299/2019.

The Court would observe that the error is apparent from the prayer portion as well as FIR of the instant case. The description of the Case No. be read as Parbatta P.S. Case No. 299/2019 instead of P.S. Case No. 299/219.

Patna High Court CR. MISC. No.37210 of 2021(2) dt.13-12-2021 2/3 Petitioner seeks bail in connection with Parbatta P.S. Case No. 299 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

From behind basa of the petitioner, there is alleged recovery of 33.75 litres illicit liquor.

Learned counsel for the petitioner submits that the recovery being from behind his basa, he cannot be held liable for the same. He has no criminal antecedents and he is in custody since 18.03.2021.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 2nd-cum-Special Judge, Excise, Khagaria in Parbatta P.S. Case No. 299 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.37210 of 2021(2) dt.13-12-2021 3/3 how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T