Rajiv Ranjan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76057 of 2018 Arising Out of PS. Case No.-442 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== 1.Rajiv Ranjan son of Arun Kumar Yadav @ Arun Kumar Paswan, resident of village Rashtriyaganj, police station Phulwarisharif, District Patna. 2.Pradip Kumar son of Ashok Singh, resident of village Rashtriyaganj, police station Phulwarisharif, District Patna.

3.Satyendra Sinha @ Chhotu son of Tribhuwan Sinha, resident of village Rashtriyaganj, police station Phulwarisharif, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Special Case No. 9223 of 2018 arising out of Gardanibagh P.S. Case No. 442 of 2018 registered for the offence punishable under Section 30(A), 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 111.24 litres of foreign liquor from a tenanted house behind Aman Hospital. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. It has been further submitted that the name of the petitioners have surfaced in this case on the basis of confessional statement of co-accused Bunty Kumar. Petitioners are is in custody since

Patna High Court Cr.Misc. No.76057 of 2018(2) dt.18-12-2018 2/2 02.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 9223 of 2018 arising out of Gardanibagh P.S. Case No. 442 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) ranjan/- U