Ranjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1653 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- DAUDPUR District- Saran ====================================================== RANJIT CHAUDHARY SON OF LATE LAXMAN CHOUDHARY RESIDENT OF VILLAGE- PARSAGARH, POLICE STATION- EKMA, DISTRICT- SARAN (CHAPRA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Daudpur Police Station Case No. 223 of 2020, registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted one motorcycle, on which two persons were riding and recovered 100 litres of illicit countrymade liquor from the same. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1653 of 2021(3) dt.21-06-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He next submits that at the time of search and seizure, the procedure prescribed under the provisions of the Bihar Prohibition and Excise Act, 2016 as well as Section 100 of the Code of Criminal Procedure, 1973 have not been followed and referring to the seizure list, he submits that copy of the seizure list has been signed and handed over to the co-accused Vikash Kumar only and not the petitioner. He next submits that the petitioner is in custody since 07.10.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 07.10.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.1653 of 2021(3) dt.21-06-2021 3/3 learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Saran, at Chapra, in connection with Daudpur Police Station Case No. 233 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √