Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53154 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- PIPRA District- Patna ====================================================== RANJIT KUMAR Son of Biteshwar Yadav Resident of Village - Badrai, P.O.- Ghorahuwan, P.S.- Masaurhi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-01-2022 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 Pipra P.S. Case No. 18 of 2021 giving rise to Special Case Excise No. 1548 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 80 liters of country made Mahua liquor.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.53154 of 2021(2) dt.07-01-2022 2/3 innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the motorcycle. The petitioner is neither the owner of the motorcycle nor he has got any concern with the alleged recovery of liquor. Moreover, the co-accused, namely, Ramswarath Yadav, who is said to have been arrested from the spot, has already been granted bail by this Court vide order dated 03.12.2021 passed in Cr. Misc. No. 37752 of 2021. The petitioner is rotting in judicial custody since 03.03.2021.

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 Special Judge, Excise Act, Patna in connection with Pipra P.S. Case No. 18 of 2021 corresponding to Special Case Excise No. 1548 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

Patna High Court CR. MISC. No.53154 of 2021(2) dt.07-01-2022 3/3 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