Allowed

Ranjeet Kumar v. The State of Bihar

Patna HC12 Aug 2022CR. MISC./22644/2022

Case brief

AI extract

What is this about?

Cr. Misc. No.22644 of 2022 petitioner approaches the Patna High Court for anticipatory bail u/s 438 Cr.P.C. Petitioner fears arrest in excise case where he was implicated as owner of motorcycle from which liquor was recovered despite having sold it. Grants anticipatory bail subject to bonds and conditions.

What did the court decide?

Petitioner granted anticipatory bail with bond of Rs.25,000 and two sureties; required to surrender within six weeks and deposit Rs.10,000 in Juvenile Justice Fund.

Ranjeet Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22644 of 2022

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Arising Out of PS. Case No.-159 Year-2021 Thana- GARDANIBAG District- Patna

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======================================================

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RANJEET KUMAR SON OF KRISHNA PRASAD R/O MOHALLANAUSA, P.S.- PHULWARI SHARIF, DISTRICT- PATNA

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Jha, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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... ... Opposite Party/s

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2 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings.

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Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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Altogether 15 liters of country made liquor is said to have been recovered from a motorcycle left behind by two persons on seeing the police. Petitioner is the owner of the motorcycle.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

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Patna High Court CR. MISC. No.22644 of 2022(2) dt.12-08-2022 2/3

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in the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case only on the basis that he is the owner of the seized motorcycle but he had already sold the same to one Saryug Chauhan, who is in possession of the said motorcycle but due to non-transfer of the name of the purchaser on the registration book, the name of petitioner as the owner has transpired. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

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Petitioner is agreed to deposit a sum of Rs.10,000.00/(Rupees Ten Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.

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Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

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Patna High Court CR. MISC. No.22644 of 2022(2) dt.12-08-2022 3/3

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Court below, where the case is pending/Successor court, in connection with Gardanibagh P.S. Case No.159 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:

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(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner.

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(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the Juvenile Justice Fund.

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(Anjani Kumar Sharan, J)

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pallavi/-

Ranjeet Kumar v. The State of Bihar

Case brief

What is this about?

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Ranjeet Kumar v. The State of Bihar

Case brief

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