Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38442 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- RISIYAP District- Aurangabad ====================================================== 1.

Ranjit Kumar Son of Umesh Yadav Resident of Village- Gandhi Nagar, P.S.- Nagar, District- Aurangabad.

2.

Deepak Kumar Son of Mahendra Singh Rawani Resident of Village- Belna Dumri, P.S.- Madanpur, District- Aurangabad.

3.

Chandan Kumar Son of Naresh Yadav Resident of Village- Gandhi Nagar, P.S.- Nagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr. Vinod Kumar.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered in connection with Risiap P. Case No. 38 of 2021 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act 2018. On secret information 375 liters country made liquor and foreign liquor was recovered from Alto Car. Learned counsel for the petitioners submits that petitioners have clean antecedent and have falsely been

Patna High Court CR. MISC. No.38442 of 2021(2) dt.03-12-2021 2/3 implicated in this case on the basis of suspicion. He further submits that nothing has been recovered from conscious possession of the petitioners rather the alleged recovery has been made from a car. Petitioners are neither driver nor owner of the car. Petitioners are in jail custody since 24.05.2021. The learned A.P.P opposed the prayer for bail. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioners, 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 2nd Additional Sessions Judge-II cum Special Judge, Excise, Aurangabad in connection with G.R.No. 656 of 2021 arising out of Risiap P.S.Case No. 38 of 2021,subject to 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 cancelled 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 move

Patna High Court CR. MISC. No.38442 of 2021(2) dt.03-12-2021 3/3 for cancellation of bail.

3. 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-mentions order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U T