Ranjan @ Ranjan Kumar @ Rajan Kumar @ Rajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68112 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Ranjan @ Ranjan Kumar @ Rajan Kumar @ Rajan S/O Dukhan Sahu @ Dukhan Sao Resident of village- Airport Road, Haratand, P.S.- Airport, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rahui (Wena) P.S. Case No. 288 of 2022 registered for the offence under Sections 30(a), 32(ii)(iii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 18.10.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 275.25 litres of IMFL/country made liquor from the

Patna High Court CR. MISC. No.68112 of 2022(2) dt.24-12-2022 2/3 alleged vehicle.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of disclosure made by co-accused, namely, Anil Kumar and Neeraj Kumar and admittedly, no recovery of illicit liquor was made from his physical possession. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rahui (Wena) P.S. Case No. 288 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge-cum-Special Judge Excise-II, Nalanda/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. with further condition:

Patna High Court CR. MISC. No.68112 of 2022(2) dt.24-12-2022 3/3 "Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) pooja/- U T