Ranjan Kumar @ Ranjan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38757 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Ranjan Kumar @ Ranjan Chaudhary S/o Vijay Chaudhary R/o Village Sonari Bagh PS Gurua Dist Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Excise (Sherghati) P.S. Case No. 73 of 2024 lodged on 21.04.2024 under Section 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, recovery of 50 litres wine is the subject matter of the present case.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that his name has figured in this case only by virtue of police. There are two criminal cases pending against him and he is in custody since 22.04.2024. Learned counsel further submits that petitioner is ready to fulfil all the conditions whatsoever may be
Patna High Court CR. MISC. No.38757 of 2024(2) dt.27-05-2024 2/3 imposed.
4. Learned counsel for the State opposes the prayer of bail and submits that the antecedents of the petitioner is clean and he is involved in selling of wine which is prohibited in the Act.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs. 30,000 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.3, Gaya in connection with Excise (Sherghati) P.S. Case No. -73 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.38757 of 2024(2) dt.27-05-2024 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
6. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I) Gurua P.S. Case No.- 276 of 2023 (II) Sherghati P.S. Case No.- 1060 of 2022 (Dr. Anshuman, J) ravikr/- U T