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Patna High CourtCR. MISC./53582/2022allowed

Ranjay Singh v. The State Of Bihar

2022-11-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53582 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== RANJAY SINGH Son of Krishna Singh R/V- Bahadura, P.S- Mohammadpur, Dist- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 At the outset, learned counsel for the petitioner seeks permission to correct the prayer portion of the bail petition as the name of the district has not been mentioned inadvertently in the prayer portion.

Permission is granted.

Learned counsel for the petitioner is directed to correct the prayer portion of the bail petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

291.6 litres of foreign liquor has been recovered from

Patna High Court CR. MISC. No.53582 of 2022(2) dt.11-11-2022 2/3 behind the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is also submitted that the recovery is made from an open place and not from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IInd-cum-Special Judge, Excise-I, Gopalganj in connection with Mohammadpur P.S. Case No.190

Patna High Court CR. MISC. No.53582 of 2022(2) dt.11-11-2022 3/3 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Sanjay/- U T