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Patna High CourtCR. MISC./76550/2019bail granted

Ranjeet Rajak v. The State Of Bihar

2019-12-11Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76550 of 2019 Arising Out of PS. Case No.-895 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== 1.

Ranjeet Rajak Son of Kailash Rajak, Resident of Village-Kanchanpur, P.S.- Bidupur, District-Vaishali.

2.

Dinesh Rajak Son of Late Birchandra Rajak, Resident of VillageKanchanpur, P.S.-Bidupur, District-Vaishali. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking regular bail in connection with Special Case No. 8953 of 2019 arising out of Agamkuan P.S. Case No. 895 of 2019 registered for the offences punishable under Sections 30(a)(b), 38, 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted the illicit liquor has been recovered from Tempo and these petitioners are not the owners of the Tempo, they are said to be the passengers who on seeing

Patna High Court CR. MISC. No.76550 of 2019(2) dt.11-12-2019 2/3 the police party tried to flee away but apprehended, the petitioners are in custody since 10.10.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein the illicit liquor has been recovered from Tempo and these petitioners are not the owners of the Tempo, they are said to be the passengers who on seeing the police party tried to flee away but apprehended, the petitioners are in custody since 10.10.2019, the investigation against them is complete and they have no criminal antecedent, let the petitioners above named be released on bail in connection with Special Case No. 8953 of 2019 arising out of Agamkuan P.S. Case No. 895 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of

Patna High Court CR. MISC. No.76550 of 2019(2) dt.11-12-2019 3/3 the commission of which he is suspected, and (c) that such person 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 or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T