Ramjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74744 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Ramjeet Kumar Son Of Baijnath Mehta R/O Village- Baligaon, P.S. - Rafiganj, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Learned counsel for the petitioner files a supplementary affidavit in the Court.

2. Let it be kept on the record.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act.

5. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 490 liters of spirit is said to have recovered from the place of the occurrence. He further submits that allegation against the petitioner is that he managed to ran away from the place of occurrence. He submits that the

Patna High Court CR. MISC. No.74744 of 2023(2) dt.05-12-2023 2/3 police has also seized one motorcycle from the place of occurrence to which petitioner is the owner, therefore, he has been made accused in this case. He further submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got one criminal antecedent as stated in the supplementary affidavit.

6. Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

7. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 309 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.74744 of 2023(2) dt.05-12-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T