Ranjeet Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.38829 of 2020 Arising Out of PS. Case No.-269 Year-2020 Thana- GAURICHAK District- Patna ====================================================== RANJEET KUMAR CHAUDHARY Son of Ramjee Chodhary R/o VillageUsfa, P.S.- Gaurichak, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Gaurichak P.S. Case No. 269 of 2020, Special Case No. 5154 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution story, the informant got secret information that one tempu and motorcycle are to bring liquor to Chandasi village. The informant along with his police team reached at the said place and saw a tempo and a motorcycle coming towards them. On seeing the police these persons tried to

Patna High Court CR. MISC. No.38829 of 2020(4) dt.14-07-2021 2/3 flee away but were eventually apprehended and one of them succeeded in fleeing away. On search total 100 litres mahua wine was recovered from the tempo.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is not the owner of the tempu and nothing has been recovered from his conscious possession. Learned counsel submits that the petitioner is in custody since 03.09.2020 having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner was a co-passenger in the tempo from which 75 litres illicit liquor have been recovered, the petitioner has no criminal antecedent and is in custody in connection with this case since 03.09.2020, investigation against him is complete but the trial is not likely to take place in near future, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Specia Judge, Excise Act, Patna in connection with Gaurichak P.S. Case No. 269 of 2020, Special Case No. 5154 of 2020 subject to the condition as

Patna High Court CR. MISC. No.38829 of 2020(4) dt.14-07-2021 3/3 laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that 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 cancellation 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.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.