Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63486 of 2021 Arising Out of PS. Case No.-375 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RANJEET KUMAR Son of Raju Sahni Resident of Village - Chhit Bhagwatipur, P.S. - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Excise No. 375 of 2021 (P.R. No. 33 of 2021), for the offence punishable under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 (Amendment, Act 2018) The allegation is recovery of 86 litres of Indian Made Foreign Liquor from the house of the petitioner and 1446.270 litres of Indian Made Foreign Liquor from the house of one Ravi Gupta.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.63486 of 2021(3) dt.19-05-2022 2/3 implicated in this case. He further submits that it would appear from the seizure-list that though it was prepared in the house of petitioner, but it was not handed over to any of the member of the house. The petitioner has clean antecedent and he is in custody since 10.09.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He further submits that trade of illicit liquor is rampant in the State of Bihar and often hooch tragedy is being occurred due to consumption of illicit liquor by the people at large and as such petitioner is involved in heinous crime and he does not deserve to be released on bail. Considering the aforementioned facts and circumstances of the case and taking into consideration the submission made by the parties, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (Rs. One lakh) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Excise P.S. Case No. 375 of 2021 (P.R. No. 33 of 2021), subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.63486 of 2021(3) dt.19-05-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T