Ranjit Kumar @ Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52957 of 2022 Arising Out of PS. Case No.-702 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Ranjit Kumar @ Ranjit Yadav Son of Tipan Yadav Resident of Village - Badroi, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No.6697 of 2020 arising out of Masaurhi P.S. Case No. 702 of 2020 lodged under Sections 30(a), 30(c) of Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, the total recovery of 80 liters of Mahua wine is alleged to be made near bank of Morhar river alongwith other articles by which desi wine used to be prepared. Learned counsel for the petitioner submits that nothing was recovered from the possession of petitioner. He also submits that petitioner was not apprehended from the place of occurrence and he is in custody since 24.07.2022. On the point of criminal antecedent of petitioner, learned counsel for the petitioner submits

Patna High Court CR. MISC. No.52957 of 2022(2) dt.20-10-2022 2/3 that there are in total 3 criminal cases pending against the petitioner and he is on bail in all 3 cases.

Learned counsel for the State opposes the prayer for bail and submits that antecedent of petitioner is not clean In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 6697 of 2020 arising out of Masaurhi P.S. Case No. 702 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.52957 of 2022(2) dt.20-10-2022 3/3 this condition shall be resulted into cancellation of his present bail bond.

Speedy trial is the constitutional vision of justice. Admittedly, there are 4 cases pending against the present petitioner (including present one) and all the 4 cases belongs to the District Sessions Judge, Patna which are as follows :-

1. Masaurhi P.S. Case No. 539 of 2017,

2. Masaurhi P.S. Case No. 339 of 2017,

3. Masaurhi P.S. Case No. 45 of 2017.

4. Masaurhi P.S. Case No. 702 of 2020.

Let the District and Sessions Judge, Patna is directed to do the needful, so that all the special cases shall run before one Special Court with one date.

Let the copy of this order be communicated to the District and Sessions Judge, Patna for his perusal and necessary compliance.

With these observations, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T