Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39333 of 2021 Arising Out of PS. Case No.-474 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== RANJEET KUMAR Son of - Mahatmas Singh @ Kaua Singh Resident of Village- Asani, P.S.- Udawantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-01-2022 Heard the parties through virtual mode.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office, within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within the undertaken period, the office will place the matter before the Bench.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether 63 liters of country made liquor is said to have been recovered from an Apache motorcycle kept in plastic bag. It is alleged that petitioner fled away from the spot leaving behind the motorcycle.

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.39333 of 2021(2) dt.07-01-2022 2/3 is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case on the basis of suspicion. He has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name transpired in the case on the basis of disclosure of his name made by the nearby villagers. Allegation against the petitioner is that seeing the police, he fled away from the spot leaving behind his motorcycle. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 20,000.

00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.39333 of 2021(2) dt.07-01-2022 3/3 connection with Udawantnagar P.S. Case No.474/2020, Excise Case No.1886 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund.

(Anjani Kumar Sharan, J) pallavi/- U T