Patna High Court - Orders
Ranjan Singh vs The State Of Bihar on 5 November, 2019
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65603 of 2019
Arising Out of PS. Case No.-163 Year-2019 Thana- RAGHUNATHPUR District- Siwan
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RANJAN SINGH Son of Ashok Singh @ Ashok Kumar Singh Resident of
Village - Nikhati, P.S.- Raghunathpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Anita Kumari
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 05-11-2019Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case as lodged by the police personnel is that on 09.08.2019, he received secret information and proceeded in verification with other constables. He went to Chhath Ghat to village Bangra and saw some vehicles. In presence of two witnesses he started search vehicles. In Truck No. UP71T-1964 in cabine 170 cartoons liquor was found. In Scorpio No. MH20Q1211, 20 cartoons liquor, on Santro car, 10 cartoons liquor has been recovered. On Honda motorcycle 6 cartoon liquor and on Hero motorcycle of without number plate Patna High Court CR. MISC. No.65603 of 2019(2) dt.05-11-2019 2/3 6 cartoons liquor was also recovered, on blue colour Honda Shine motorcycle No. BR 29G-0350, 288 bottles liquor and on Apache motorcycle 336 bottles Romeo foreign liquor was found. Total 1942.920 litres foreign liquor was recovered. Accordingly, a seizure list was prepared.
Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather it is recovered from the car and other vehicles. Learned counsel further submits that earlier the petitioner has criminal antecedent of similar nature under Darauli P.S. Case No. 139 of 2019 under Section 272, 273, 420, 120B I.P.C. and Section 30(a), 38(1) of the Bihar Prohibition and Excise Act in which petitioner has been granted bail. Petitioner is languishing in judicial custody since 20.09.2019.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge-cum-Special Judge Excise, Siwan in connection with Raghunathpur Police Station Case No. 163 of 2019, subject to the conditions:
(I) Bailors should be local having sufficient Patna High Court CR. MISC. No.65603 of 2019(2) dt.05-11-2019 3/3 immovable property within the jurisdiction of the court concerned.
(II) Petitioner shall co-operate 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(III) 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 petitioner.
(Anjani Kumar Sharan, J) devendra/-
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