The High Court allowed bail in connection with Riga P.S. Case No. 258 of 2021 involving offences under Section 414 IPC and Bihar Prohibition Act, directing release after framing of charge.
Petitioner released on bail after framing of charge on furnishing bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35598 of 2023
Arising Out of PS. Case No.-258 Year-2021 Thana- RIGA District- Sitamarhi
======================================================
RANJIT KUMAR @ RANJIT RAI son of Jay Narayan Rai Village- Dostpur Ward no-2, Ps- Bathnaha Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Bishweshwar Ram ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-06-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Riga P.S. Case No. 258 of 2021 registered for the offences punishable under Sections 414 of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
As per prosecution case, there is alleged recovery of 2739.60 litre foreign liquor from Truck and Wagon R vehicle in question. It is further alleged that apprehended co-accused Raju Kumar disclosed the name of the petitioner who was not apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 28.02.2023 and bears criminal antecedent of three cases of similar nature. He further submits
Patna High Court CR. MISC. No.35598 of 2023(2) dt.15-06-2023 2/3
that petitioner is quite innocent and has committed no offence as alleged against him in FIR and he has falsely been implicated in the present case. He further submits that petitioner is not apprehended on the spot.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court – I, Sitamarhi in connection with Riga P.S. Case No. 258 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No.35598 of 2023(2) dt.15-06-2023 3/3
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the said prosecution case after framing of charge.
Ranjit Kumar @ Ranjit Rai
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
