Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49539 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- AMBA District- Aurangabad ====================================================== RANJEET YADAV SON OF LATE SHAMBHU YADAV RESIDENT OF VILLAGE - NEURA BIGHA, P.S. - KUTUMBA, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-08-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Amba P.S. Case No. 108 of 2024 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2018 lodged on 23.05.2024 by the informant, Dinesh Kumar.

3. As per the prosecution story, the police alleged that in course of checking the vehicles, motorcycles were intercepted and l0 Litres+ 10 Litres+ 20 Litres, total 40 Litres of country made liquor was recovered/seized. Accordingly, the FIR.

4. It is the specific case of the petitioner that he is neither the owner of these motorcycles nor was he present at the place of occurrence.

5. Learned APP opposes the prayer stating that the the names have cropped up and he has criminal antecedent.

Patna High Court CR. MISC. No.49539 of 2024(2) dt.14-08-2024 2/3

6. Considering the fact that the petitioner is neither the owner of the motorcycles nor anything has been recovered/seized from his conscious possession, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-1, Aurangabad in connection with Amba P.S. Case No. 108 of 2024, subject to the following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.49539 of 2024(2) dt.14-08-2024 3/3 cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U