Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54748 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Ranjit Yadav S/O Nagaeshwar Yadav R/O Village- Bahadurpur, P.S.- Gogri, District- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-07-2022 Heard Mr. Bishweshwar Ram, learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor.

Petitioner seeks bail in a case registered in connection with Gogri P.S.Case No. 199 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act 2018.

As per the prosecution case, it is alleged on secret information, police raided the house of the accused persons and from the Basa of co-accused Govind Yadav, 153.750 liters foreign made liquor has been recovered. It is further alleged that the name of the petitioner has been disclosed by the labourers, who were working there.

Patna High Court CR. MISC. No.54748 of 2021(2) dt.12-07-2022 2/3 It is submitted by the learned counsel for the petitioner that from perusal of the FIR, it appears that the petitioner was neither apprehended on the spot nor any incriminating material has been recovered from his conscious and constructive possession. It is further submitted that petitioner is resident of another village and only on suspicion his name has been implicated in this case. It is next submitted that petitioner is in custody since 11.07.2021 having man of fair antecedent.

On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that nothing has been recovered from person and possession of this petitioner and moreover, the investigation of the crime has already been completed and the charge sheet has been submitted and petitioner is in custody since 11.07.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Khagaria

Patna High Court CR. MISC. No.54748 of 2021(2) dt.12-07-2022 3/3 in connection with Gogri P.S.Case No. 199 of 2021 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.

(Harish Kumar, J) N.K/- U T