Ranjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48712 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- SIKTA District- West Champaran ====================================================== Ranjit Singh Son of Late Sita Ram Singh Resident of village - Dudha Bhaluhi, Dhokraha, P.S.- Majhaulia, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, 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. Lal Babu Singh, 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 Sikta P.S. Case No. 75 of 2022, for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 .

In course of patrolling duty, the police intercepted the petitioner, who was coming on his motorcycle and on search total 78 liters of Nepali country made liquor was recovered. It is submitted by the learned counsel appearing on

Patna High Court CR. MISC. No.48712 of 2022(2) dt.14-10-2022 2/3 behalf of the petitioner that in fact no recovery has been made from the person or possession of the petitioner, however, in course of patrolling, some altercation has taken place between the police and the petitioner, which resulted into lodging of the present case showing recovery from the possession of the petitioner. He further submitted that the petitioner has been suffering from Cancer and his treatment has been going on in Mahavir Cancer Sansthan, Patna, and it is not expected that the petitioner would have indulged in such type of offence. He also submitted that the petitioner having fair antecedent, is in custody since 15.05.2022.

On the other hand learned APP for the State vehemently opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is already complete and the charge-sheet has been submitted, apart from the fair antecedent of the petitioner and period of incarceration, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Sikta P.S. Case

Patna High Court CR. MISC. No.48712 of 2022(2) dt.14-10-2022 3/3 No. 75 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.

(Harish Kumar, J) manoj/- U T