Allowed

Ranjan Yadav @ Ranjan Kumar v. The State of Bihar

Patna HC19 May 2023CR. MISC./30896/2023

Case brief

AI extract

What is this about?

The High Court at Patna allowed a bail application regarding liquor offenses under the Bihar Prohibition and Excise Act. The petitioner was directed to furnish bonds with two sureties and comply with specific conditions regarding investigation and previous antecedents.

What did the court decide?

Petitioner enlarged on bail on furnishing bonds of Rs. 10,000 with two sureties of the same amount to the Special Excise Court, Siwan.

Ranjan Yadav @ Ranjan Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30896 of 2023

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Arising Out of PS. Case No.-48 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan

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

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Ranjan Yadav @ Ranjan Kumar S/o Late Harendra Yadav R/o VillageBarahani Ke Tola, P.S- Siwan Muffasil, Distt.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 19-05-2023

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Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with Siwan

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P.S. Case No. 48 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per allegation, 204.052 liters of liquor has been

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recovered from village- Barhani Tola.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

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from the conscious possession of the petitioner. He also

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Patna High Court CR. MISC. No.30896 of 2023(2) dt.19-05-2023 2/4

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submits that search and seizure has not been made as per the procedure as prescribed under Section 100 Cr. P.C.

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He further submits that the petitioner has been languishing in jail since 10.02.2023.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail vide Cr. Misc No. 11168 of 2023.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances,

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this application is allowed, directing the petitioner, above-

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named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Excise Court no. 2, Siwan, in connection with Siwan P.S. Case No. 48 of 2023 on the following conditions:

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(i) The petitioner will make himself available for

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Patna High Court CR. MISC. No.30896 of 2023(2) dt.19-05-2023 3/4

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interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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Patna High Court CR. MISC. No.30896 of 2023(2) dt.19-05-2023 4/4

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(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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U T

Ranjan Yadav @ Ranjan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjan Yadav @ Ranjan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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