Ranjeet Kumar @ Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40308 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MALI District- Aurangabad ====================================================== RANJEET KUMAR @ RANJEET PASWAN S/O TUNA PASWAN Resident of Village- Betiyawa Tola, Dhangar Bigha, P.S.- Mali, District- Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-08-2022 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.

The petitioner seeks bail in connection with Mali P.S. Case No. 18/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, there is alleged recovery of total 482.4 liters country made liquor from field under the soil and the local Chaukidar disclosed the name of petitioner and others who fled away from the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics and enmity. The petitioner was not

Patna High Court CR. MISC. No.40308 of 2022(2) dt.24-08-2022 2/3 apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. Local Chaukidar disclosed the name of present petitioner in this case. He further submits that the alleged field from where country made liquor was recovered does not belong to the petitioner. The petitioner is languishing in custody since 01.06.2022 and bears criminal antecedent of one case 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, also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge cum Special Judge, Excise-IInd, Aurangabad in connection with Mali P.S. Case No. 18/2022, 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.

(ii) Petitioner will co-operate in trial and will remain

Patna High Court CR. MISC. No.40308 of 2022(2) dt.24-08-2022 3/3 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