Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36008 of 2022 Arising Out of PS. Case No.-205 Year-2018 Thana- SONO District- Jamui ====================================================== RANJIT YADAV S/O SAHDEO YADAV@ Sadhu Yadav, Resident of Village- Belkhunda, P.S.- Dhamoul, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Sono P.S. Case No. 205/2018 (G.R. No.2229/2018) registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of total 640 liters country made liquor from the Somo Gold car in question. The petitioner was not apprehended on the spot. The name of petitioner sprang up in this case on secret information received by the police.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36008 of 2022(2) dt.12-08-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner was driver of the said car and had no knowledge which material had been loaded on the said car in question. The petitioner is languishing in custody since 01.06.2022 and bears criminal antecedent of two cases of similar nature in which he is on bail. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive ExciseIInd, Jamui in connection with Sono P.S. Case No. 205/2018 (G.R. No.2229/2018), subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.36008 of 2022(2) dt.12-08-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T