Patna High CourtCR. MISC./41193/2024bail granted

Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41193 of 2024 Arising Out of PS. Case No.-745 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ranjeet Kumar @ Ranjeet Prasad Son of Mahendra Prasad Resident of Village - Dharhara, Jhurjhuri, P.S.- Barkatta, District - Hazaribagh (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Bharat Lal, 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 Nawada (Nagar) P.S. Case No. 745 of 2021, instituted for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, one Shiv Shankar Yadav died due to consuming spurious liquor. It is further alleged that the deceased purchased the said liquor from unknown person.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating

Patna High Court CR. MISC. No.41193 of 2024(2) dt.21-06-2024 2/3 material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R and name of the petitioner transpired in this case on the basis of confessional statement of the other co-accused person. The petitioner is in custody since 07.01.2023 and has got twenty one criminal antecedents. Co-accused person has been granted bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 38733 of 2024.

5. Learned APP 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, claim based on parity 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada (Nagar) P.S. Case No. 745 of 2021, 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

Patna High Court CR. MISC. No.41193 of 2024(2) dt.21-06-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Prakash/- U