Patna High CourtCR. MISC./43517/2016bail granted

Ranjan Kumar @ Chiku v. The State Of Bihar

2016-10-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43517 of 2016 Arising Out of PS.Case No. -238 C-2 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. District- BEGUSARAI ====================================================== Ranjan Kumar @ Chiku son of Pramod Singh, resident of VillageTekanpura, P.S. Naokothi, District- Begusrari. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shubhesh Pandey, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.07.2016 in connection with Complaint Case No. 238C-2 of 2016 for the offences alleged under Sections 47 (A) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as he merely happened to be visiting the house of his mausa from where the recovery of the foreign liquor was made. In any event, it is submitted that mere possession of foreign liquor did not prima facie attract the ingredients of the offence alleged in view of the order of this Court dated 30.09.2016 passed in Cr. W.J.C. No. 533 of 2016 (Ram Sumir Sharma vs. The State of Bihar). The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with

Patna High Court Cr.Misc. No.43517 of 2016 (2) dt.20-10-2016 Complaint Case No. 238C-2 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T