Ranjit Kumar @ Ranjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58277 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Ranjit Kumar @ Ranjeet Yadav, Son of Shatrughan Yadav, Resident of Village - Naya Chowk, Kursela, P.S. - Kursela, District - Katihar (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kursela P.S. Case No. 85 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, police received secret information about the petitioner and three women bringing foreign liquor through a train at certain place and concealing it by sacks. A raid was conducted and three women and a man fled away from the spot. From that spot, 111.54 liters of India made foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.58277 of 2023(3) dt.10-11-2023 2/3 case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner has no concern with the seized liquor. The petitioner is in custody since 25.05.2023 and the charge sheet has been submitted. The petitioner has been made accused in seven other cases and he is on bail in that cases.
5. Learned A.P.P. opposes the submissions made on behalf of the petitioner.
6. Having regard to the submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner, who was not arrested from the spot and further considering the submission of charge sheet and the period of custody, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum- Special Judge-II, Excise Act, Katihar in connection with Kursela P.S. Case No. 85 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.58277 of 2023(3) dt.10-11-2023 3/3 the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T