Patna High CourtCR. MISC./52169/2023bail granted

Ranjan Kumar v. The State Of Bihar

2023-08-17Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52169 of 2023 Arising Out of PS. Case No.-471 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Ranjan Kumar S/o- Raju Rai @ Raju Ray Village- Sukumarpur Ps- Raghopur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 07.07.2023 in connection with Malsalami P.S. Case No. 471 of 2023, F.I.R. dated 07.07.2023 for the offences punishable under Section 30(a)/36 of the Bihar Prohibition and Excise Amendment Act, 2022.

4. Recovery is of 100 liters of illegal liquor.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.52169 of 2023(2) dt.17-08-2023 2/3 from the F.I.R. as well as seizure list that 100 liters of illegal liquor has been recovered from two motorcycle in question and the petitioner was apprehended along with illicit liquor and the motorcycle. He further submits that there is non-compliance of Section 100 of Cr.P.C. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor. The petitioner is in custody since 07.07.2023. 6 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City in connection with Malsalami P.S. Case No. 471 of 2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.52169 of 2023(2) dt.17-08-2023 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T