Ranjit Singh @ Ramjit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71097 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Ranjit Singh @ Ramjit Singh S/O Shyama Singh @ Shyam Singh Resident Of Village- Rahimapur Chak Kanchanpur, P.S.- Bidupur, District- Vaishali At Hazipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11233 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Rudar Narayan Bhagat@Ratnesh Kr.@Rudranarayan Kr.@Rudnarayan Kumar @ Rudra Narayan Bhagat Son Of Baidnath Bhagat @ Baijnath Bhagat R/V- Kowari Barai Tola, P.S- Gangabridge, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 71097 of 2022) For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Khurshid Anwar (In CRIMINAL MISCELLANEOUS No. 11233 of 2023) For the Petitioner/s :
Mr.Ravish Mishra For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-02-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Ganga Bridge P.S. Case No. 228 of 2022, registered for the offences punishable under Sections 467, 468, 471, 420/34
2/5 of the Indian Penal Code and 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.
As per allegation, 3681 litres of foreign made liquor was recovered from three vehicles.
Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that search and seizure has not been made as per the procedure as prescribed under Section 100 Cr.P.C.
He further submits that the petitioners namely, Ranjit Singh and Rudar Narayan Bhagat have been languishing in jail since 17.10.2022 and 10.01.2023. It has also been stated in paragraph no. 3 of the bail petition that the petitioner, namely, Ranjit Singh has earlier been made accused in five other cases whereas, petitioner, namely, Rudar Narayan Bhagat has no criminal antecedents.
It is also stated in paragraph no. 2 of the bail
3/5 petition that the petitioner, namely, Rudar Narayan Bhagat has moved this Court for anticipatory bail vide Cr.Misc. No. 68120 of 2022, whereas, petitioner, namely, Ranjit Singh has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Concerned Trial Court in connection with Ganga Bridge P.S. Case No. 228 of 2022, on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the
4/5 police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the Court below.
Ld. counsel for the petitioners is directed to remove
5/5 all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) uttam/- U T