Ranjeet Kumar @ Ranjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41456 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== Ranjeet Kumar @ Ranjeet Ray S/O Ganninath Ray @ Gani Nath Rai Resident Of Village-Jagdish Kamtaul, P.S-Kudhani, District- Muzaffarpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Namrata Mishra, Advocate For the Opposite Party :

Mr.Surendra Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 13 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 3336.645 litres of illicit foreign liquor was recovered from the truck and also seized one Swift Desire Car standing near the truck. Petitioner is said to be the owner of the consignment.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery as he is neither owner nor driver of the vehicle. Petitioner is in custody since 22.4.2021.

Patna High Court CR. MISC. No.41456 of 2021(2) dt.22-10-2021 2/2 Investigation is complete. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide paragraph 12.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Vaishali at Hajipur in Bhagwanpur Police Station Case No. 13 of 2020 on the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T