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Patna High CourtCR. MISC./88488/2024bail granted

Ranjan Kumar Yadav @ Ranjan Yadav v. The State Of Bihar

2025-04-11Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88488 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Ranjan Kumar Yadav @ Ranjan Yadav Son of Bhuneshwar Yadav VillageSongadhwa PS- Sripur Distt -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 247 of 2024 registered for the alleged offences under section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The learned counsel for the petitioner states that the petitioner as per the FIR was apprehended along with one Manmohan Kumar Pandey by the police and, on search, total 648 litres of country made liquor was recovered from 72 cartoons which were kept in the Scorpio car.

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case, the alleged liquor or the Scorpio car does not belong to him and

Patna High Court CR. MISC. No.88488 of 2024(3) dt.11-04-2025 2/3 moreover he has been implicated because he carries antecedent of similar nature. He lastly submits that the petitioner has only three antecedents.

5. Learned APP for the State opposes the prayer for bail and states that the petitioner being a habitual offender should not be released on bail.

6. Considering the facts and circumstances of the case and taking into account that the similarly situated co-accused person namely Manmohan Kumar Pandey on whose confession the name of the petitioner surfaced has been enlarged on bail by the Co-ordinate Bench of this Court vide Order dated 27.11.2024 passed in Cr. Misc. No. 81249 of 2024. The petitioner is directed to be enlarged on bail on furnishing bailbond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, Excise-II, Gopalganj in connection with Gopalpur P.S. Case No. 247 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) one of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.88488 of 2024(3) dt.11-04-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Sourendra Pandey, J) Siddharth Soni/- U T