RANJAN KUMAR @ RANJAN YADAV v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr.Shambhu Narayan Singh Mr.Tapeshwar Sharma ORAL ORDER 2 21-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 26.03.2021, seeks regular bail in connection with Khodawanpur (Chaurahi O.P) P.S. Case No. 145 of 2019 for the offence punishable under Sections 272, 273 and 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that altogether

1833.12 litres of illicit Indian Made Foreign Liquor was recovered from the different vehicles mentioned in the F.I.R. Accordingly, the seizure-list was prepared. Learned counsel appearing on behalf of the petitioner Patna High Court CR. MISC. No.41316 of 2021(2) dt.21-01-2022 submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the name of the petitioner surfaced on the basis of confessional statement of co- accused Ram Babu Singh before the Police. The petitioner has no concerned with the vehicle bearing registration No. UP14- ET-4863 or with motorcycle bearing registration No. BR-09K- 7812 nor the CDR which are furnished relates to non communication with respect to the seized liquor. He further submis that other co-accused has already been enlarged on bail. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.1,00,000/- (Rs. One Lakh) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Khodawanpur (Chaurahi O.P) P.S. Case No. 145 of 2019, subject to the following conditions:- (1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. Patna High Court CR. MISC. No.41316 of 2021(2) dt.21-01-2022 (2) Petitioner 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 petitioner. (4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds. manish/- U T (Purnendu Singh, J)