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Patna High CourtCR. MISC./41033/2021bail granted

Ranjeet Kumar Yadav @ Ranjeet Kumar v. The State Of Bihar

2021-12-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41033 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- GOH District- Aurangabad ====================================================== RANJEET KUMAR YADAV @ RANJEET KUMAR Son of Indradev Yadav Resident of Village- Amba, P.S.- Hariharganj, District- Palamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Goh PS case no. 115 of 2020, registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by a co-ordinate Bench of this Court vide order dated 26.02.2021, passed in Cr. Misc. no. 34370 of 2020.

The petitioner is alleged to be the driver of the Pick-up van, from which 1350 liters of illicit liquor was seized by the police.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.41033 of 2021(2) dt.14-12-2021 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 13.08.2020. The learned counsel for the petitioner has further submitted that the petitioner was granted liberty to renew his prayer for bail, if the trial is not concluded within a period of four months, however, till date only the charges have been framed in the on-going case against the petitioner by the learned court below and there is no possibility of conclusion of the trial in the near future. It is further submitted that the petitioner is merely the driver of the Pick-up van in question, hence he was not aware about the consignments which was loaded on the Pick-up van. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since 13.08.2020 and the trial is not likely to be concluded in the near future, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on

Patna High Court CR. MISC. No.41033 of 2021(2) dt.14-12-2021 3/3 furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District and Sessions Judge VIIcum-Special Judge (Excise), Aurangabad (Bihar) in connection with Goh PS case no. 115 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T