Ranjan Singh @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52835 of 2021 Arising Out of PS. Case No.-363 Year-2021 Thana- SONEPUR District- Saran ====================================================== RANJAN SINGH @ RANJAN KUMAR SON OF RAM NATH SINGH R/O VILLAGE- BAKARPUR, P.S.- SONEPUR, DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

The petitioner seeks bail in connection with Sonepur P.S. Case No. 363 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 1225.8 liters of illicit wine. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner has been made accused in this case merely on

Patna High Court CR. MISC. No.52835 of 2021(2) dt.06-01-2022 2/3 the basis of confessional statement of the co-accused, namely, Ashamanjush Kumar, who is said to be driver of the vehicle form which the alleged recovery has been made. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the coaccused, namely, Upendra Rai and Sandish Kumar have already been granted bail by this Court vide order dated 22.12.2021 passed in Cr. Misc. No. 50232 of 2021 and one another co-accused, namely, Ashamanjush Kumar @ Ashamanjash Kumar, who has been arrested on the spot, has already been granted bail by a co-ordinate Bench of this Court vide order 22.11.2021 passed in Cr. Misc. No. 47678 of 2021. The petitioner is rotting in judicial custody since 17.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge- cum- Special Judge, Excise, Saran in connection with Sonepur P.S. Case No. 363

Patna High Court CR. MISC. No.52835 of 2021(2) dt.06-01-2022 3/3 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

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.

(Rajesh Kumar Verma, J) braj/- U T