Ranjit Kumar @ Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44883 of 2022 Arising Out of PS. Case No.-232 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Ranjit Kumar @ Ranjeet Kumar, Son Of Raj Kumar Yadav, R/O VillageDamgara, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-10-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Pawan Kumar, learned counsel for the petitioner and learned APP for the State, through video conferencing.
The petitioner seeks regular bail, who is in custody in connection with Madhepura Excise P.S. Case No. 232 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The police on a secret information intercepted a motorcycle and apprehended the petitioner. On search, total 8 pieces of wiscof cough syrup from the dicky of the motorcycle was recovered.
Patna High Court CR. MISC. No.44883 of 2022(2) dt.14-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that in fact nothing has been recovered from the person or possession of the petitioner, however, only on account of the fact that while he was going on his motorcycle, in course of vehicle checking, some altercations has taken place between the police and the petitioner his name has been implicated in this case. He further submits that the past criminal antecedent of the petitioner, might be also one of the reason of false implication, however, the petitioner is in custody since 09.06.2022 and the investigation of the crime is already complete and charge-sheet has been submitted.
On the other hand learned APP for the State vehemently opposes the bail application.
Having regard to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is already complete and charge-sheet has been submitted and there is no likelihood of commencement of trial in near future, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-4-cum-Special Judge, Excise, Madhepura in connection with Madhepura
Patna High Court CR. MISC. No.44883 of 2022(2) dt.14-10-2022 3/3 Excise P.S. Case No. 232 of 2022 , subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
shivank/- (Harish Kumar, J) U T