Ranjeet Sao @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72587 of 2019 Arising Out of PS. Case No.-338 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Ranjeet Sao @ Ranjit Kumar (Male), aged about 31 years, Son of Late Madan Sao Resident of Village - Ankuri, P.S.- Paliganj, and Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mrs. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Special Case No. 8199 of 2019, arising out of Paliganj P.S. Case No. 338 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of 20 liters of country-made liquor from a motorcycle, which was being driven by the petitioner.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case, since nothing has been recovered from his conscious possession. He further submits that Section 100 Cr.P.C. has not been followed with respect to search and seizure. There is also no allegation against the petitioner of tampering with the evidence and petitioner is in

Patna High Court CR. MISC. No.72587 of 2019(2) dt.27-11-2019 2/2 custody since 12-09-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged 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 Special Judge - Excise Act, Patna in connection with Special Case No. 8199 of 2019, arising out of Paliganj P.S. Case No. 338 of 2019 on the following conditions:

(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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.

(Prabhat Kumar Singh, J.) anay U T