Ranjeet Kumar @ Ranjeet Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69974 of 2024 Arising Out of PS. Case No.-841 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Ranjeet Kumar @ Ranjeet Sharma S/o Late Nand Kishor Sharma @ Nandkishore Sharma Resident of Village- Jatkauli, P.S- and District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-10-2024 Heard the parties.
2. The petitioner is in custody in connection with JAM Case No. 841 of 2024 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 02.08.2024 by the informant, Rakesh Kumar Singh.
3. As per the prosecution story, the informant alleged that on secret information, Mahindra Bolero Pickup was intercepted and there is recovery of 673.920 liters of foreign liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is neither the owner nor the driver rather the cleaner of the vehicle, have no knowledge of the presence of liquor in the vehicle, he was under the impression that goods have been loaded in the said vehicle and for no fault, is suffering since 03.08.2024
Patna High Court CR. MISC. No.69974 of 2024(2) dt.05-10-2024 2/3 (paragraph no. 9 of the petition) when he was taken into custody. Further, the submission is that without accepting the allegation, the petitioner intends to deposit Rs. 20,000/- to the District Legal Services Authority, Jamui (exclusively for the purchase of journals).
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent.
6. Considering the submissions put forwarded by the parties as also that he is in custody since 03.08.2024, admittedly, nothing has been recovered from his conscious possession, this Court is inclined to extend him the privilege of bail with conditions subject to payment of Rs. 20,000/- to the District Legal Services Authority, Jamui for the purchase of journals by way of Bank Draft and the receipts have to be submitted before the Trial Court.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-II, Jamui, in connection with JAM Case No. 841 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.69974 of 2024(2) dt.05-10-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T