Patna High CourtCR. MISC./57660/2019allowed

Ranjit Rai @ Ranjeet Rai v. The State Of Bihar

2019-12-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57660 of 2019 In CRIMINAL MISCELLANEOUS No.49929 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== RANJIT RAI @ RANJEET RAI S/o Modi Rai @ Modi Ray Resident of Village- Jakhara, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2019 This application is for modification of order dated 09.08.2019 passed in Cr. Misc. No. 49929 of 2019, whereby the petitioner was allowed bail in connection with Kalyanpur P.S. Case No. 72 of 2019, with condition that the petitioner would be released if the trial is not concluded within six months from the date of framing of the charge.

Modification has been sought for on the ground that in the earlier bail application, it was wrongly stated that the petitioner is having a criminal antecedent of commission of offence under the Bihar Prohibition and Excise Act, 2016, whereas, in fact, the petitioner has got no prior case under the Excise Act, rather the said case was for offences under Sections 147, 148, 353, 307/34 of the Indian Penal Code. The recovery of liquor was from the field side.

Patna High Court CR. MISC. No.57660 of 2019(2) dt.18-12-2019 2/2 Considering the facts of this case, the condition of order dated 09.08.2019 is modified with direction that the petitioner be released, at once, on furnishing bail bond as directed in the order dated 09.08.2019.

Accordingly, this modification application is allowed to the extent indicated above.

Let a copy of this order be communicated to the court of learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Samastipur/successor court in connection with Kalyanpur P.S. Case No. 72 of 2019.

(Birendra Kumar, J) Kundan/- U T