Patna High CourtCR. MISC./12643/2024bail granted

Rohit Paswan @ Ravi Ranjan Kumar v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12643 of 2024 Arising Out of PS. Case No.-473 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== Rohit Paswan @ Ravi Ranjan Kumar Son of Rajendra Ram R/O- Dihara (Mani), P.S.- Bikramganj, Distt.-rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bikramganj P.S. Case No. 473 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 140 liters liquor was recovered from Anganwadi Centre near Sheesham tree.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that

Patna High Court CR. MISC. No.12643 of 2024(2) dt.27-02-2024 2/2 the petitioner was not present at the time of seizure and his name got transpired on the basis of suspicion. The petitioner was granted anticipatory bail by a Co-ordinate Bench of this Court, but due to non-submission of the said amount, the petitioner surrendered on 20.08.2023. The petitioner has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bikramganj P.S. Case No. 473 of 2021.

(Rudra Prakash Mishra, J) Rajorshi/- U T