Ranvijay Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38060 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- PALI District- Jehanabad ====================================================== Ranvijay Kumar @ Bittu Son of Ramashish Prasad Resident of villageRampur, Police Station- Pali , District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Adv For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Pali P.S. Case No. 24 of 2022 for the offences punishable under Sections 30(a), 30(d) of the Bihar Prohibition & Excise Act.

The police on a secret information raided a cabin situated in the farm of the petitioner and on search 30 liters of illicit Mahua liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is neither arrested at the spot nor any

2/4 incriminating article has been recovered from person or possession. He further submits that the alleged recovery has been made from the cabin situated in the farm of the petitioner which is accessible to all and further the petitioner having fair antecedent is in custody since 06.03.2022. After completion of investigation charge sheet has been submitted and there is no likelihood of commencement of trial in near future.

On the other hand, learned counsel for the State opposed the bail application and submits that he has found involved in one another case.

Regard being had to the submission made on behalf of the parties and considering the fact that petitioner was neither apprehended at the spot nor any incriminating material has been recovered and the alleged recovery has been made from a cabin situated in the farm of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I Jehanabad in connection with Pali P.S.Case No. 24 of 2022 subject to the condition

3/4 that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancelling of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above- mentioned order shall not be delayed for purpose of or in the name of verification. (Harish Kumar, J) N.K/- U

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