Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72885 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- NAWADA District- Nawada ====================================================== RANJEET KUMAR @ RANJEET PRASAD Son of Mahendra Prasad Resident of Mohalla - Dharhara Jhurjhuri, P.S.- Barkattha, District - Hazaribagh, Jharkhand - 825405 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 10.09.2022 in connection with Nagar P.S. Case No. 372 of 2021, F.I.R. dated 01.04.2021 registered for the offence punishable under Sections 33,34,36,37(b) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the accused persons were selling spurious liquor.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. Further submits from bare perusal of the FIR it transpired that the present occurrence had

Patna High Court CR. MISC. No.72885 of 2022(2) dt.10-04-2023 2/3 taken place on 28.03.2021 to 30.03.2021. Further submits that in fact the petitioner was not present at the place of occurrence, he was in judicial custody since 25.03.2021 in connection with Amba P.S.Case No.34 of 2021 for the offence under Section 30(a) of Bihar Prohibition and Excise Act. Further submits that the petitioner has no concern at all with the alleged occurrence and co-accused persons, namely, Anil Chaudhari, Pappu Yadav and Vidhan Yadav @ Vidhan Kumar have been granted bail by a Coordinate Bench of this Hon'ble Court vide orders dated 20.12.2021 and 21.12.2021 passed in Cr. Misc. Nos. 62146 of 2021, 58386 of 2021 and 67219 of 2021 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 10.09.2022. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Excise Court-01, Nawada in connection with Nawada Town P.S. Case No. 372 of 2021, with the following conditions:-

Patna High Court CR. MISC. No.72885 of 2022(2) dt.10-04-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T