Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5069 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Ranjeet Chaudhary son of Jaleshwar Chaudhary ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Excise P.S. Case No. 332 of 2019 registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act 2016.

The prosecution report goes to show that the alleged recovery was made from the Gumti of co-accused Ranjit Kumar Singh, who was apprehended by the officer on the spot. So far as petitioner is concerned, the excise officials claimed that the petitioner fled away from the place of occurrence, when the Gumti of co-accused was raided.

Submission on behalf of the petitioner is that

Patna High Court CR. MISC. No.5069 of 2020(2) dt.03-03-2020 2/2 petitioner does not have any concerned with the above stated Gumti or seized liquor and, moreover, petitioner does not have any criminal antecedent. In view of the aforesaid fact, no prima facie case under penal section of Bihar Prohibition and Excise Act 2018 appears to be is made out against the petitioner. Accordingly, let above named, petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Special Judge, Excise, Saran at Chapra in Excise P.S. Case No. 332 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T