Patna High CourtCR. MISC./14439/2024bail granted

Ranjan Kumar Thakur @ Ranjan Kumar v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14439 of 2024 Arising Out of PS. Case No.-565 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Ranjan Kumar Thakur @ Ranjan Kumar son of Majistar Thakur VillageAwadh nagar babu Bishnpur P.S- Jadopur Distt- Gopalganj 2.

Gautam Kumar ram @ Gautam Kumar son of Shivsagar Ram VillageAwadh nagar babu Bishnpur P.S- Jadopur Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Kuchaikote P.S. Case No. 565 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the police has recovered 468.00 liter illicit country-made liquor from the Scorpio vehicle bearing Registration No. UP45A7000.

4. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.14439 of 2024(2) dt.04-03-2024 2/3 the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the present case due to police mechanism. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized liquor. The petitioners are not the owner of the Scorpio vehicle. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioners are languishing in judicial custody since 16.11.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioners having no criminal antecedent, let the petitioners, abovenamed, 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

Patna High Court CR. MISC. No.14439 of 2024(2) dt.04-03-2024 3/3 satisfaction of Court below/concerned Court in connection with Kuchaikote P.S. Case No. 565 of 2023.

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