Rajeev Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51964 of 2021 Arising Out of PS. Case No.-164 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== RAJEEV RANJAN S/o Gauri Sankar Singh R/o Village- Chhatauni Bazar, P.S.- Chhatauni, Motihari, District- East Champaran. At present R/o VillageSemarha, P.O.- Belaur, P.S.- Panapur, District- Chhapra (Saran). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devanand Tiwari, Adv.
For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2022 Heard learned counsel for the parties through virtual Court proceedings.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(A) of the Bihar Excise Prohibition Act.
Altogether 8 liters of foreign liquor is said to have been recovered from an Ambulance and two persons were apprehended on the spot. It is alleged that the said ambulance belongs to the petitioner.
Patna High Court CR. MISC. No.51964 of 2021(2) dt.17-02-2022 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case merely on the basis that he is the owner of the said Ambulance. The fact of the case is that the petitioner being a Doctor owns the ambulance but the same was driven by the driver and due to some altercation between the driver and the police, he has been implicated in this case. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two
Patna High Court CR. MISC. No.51964 of 2021(2) dt.17-02-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Excise Case No.164/2021, arising out of P.R. No.279 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions: (1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T