Patna High CourtCR. MISC./39625/2024bail granted

Sadanand Kumar Ranjan v. The State Of Bihar

2024-06-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39625 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Sadanand Kumar Ranjan SON OF LATE KAILASH PRASAD VILLAGEWAZIRGANJ, PS- WAZIRGANJ, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Wazirganj PS Case No. 124 of 2024 instituted for the offences under Sections 30(a), 41 & 52 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 151.625 liters liquor was recovered from abandoned house of late Kailash Prasad.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.39625 of 2024(3) dt.21-06-2024 2/3 no concern with the alleged recovery of liquor. It is submitted that petitioner is neither concerned with the abandoned house nor the vehicle. The petitioner is in custody since 06-03-2024 and has got two criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Co-accused has been granted bail by this Court vide order dated 13.05.2024 passed in Cr. Misc. No. 36280 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Wazirganj PS Case No. 124 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.39625 of 2024(3) dt.21-06-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Prakash/- U