Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12328 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- SILAO District- Nalanda ====================================================== RANJIT KUMAR Son of Hira Sao Resident of Village - Vishwakarma Nagar, P.S.- Silao, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha For the Opposite Party/s :
Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 15.01.2019 in connection with Excise Case No. 87 of 2019, arising out of Silao P.S. Case No. 20 of 2019 for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a)(b)(c)(d) of the Bihar Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that one Hira Sao and his two sons, petitioner and co-accused Rakesh Kumar, are manufacturing and dealing in country-made liquor, the police conducted a raid and from the house of co-accused Hira Sao, 152 litres of country-made liquor and 320 litres of raw-spirit and utensils used in manufacturing and packing of country-made liquor, were recovered. Accordingly, a seizure-list was
Patna High Court CR. MISC. No.12328 of 2019(2) dt.28-02-2019 2/2 prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was not apprehended on the spot and the house belongs to his father. He submits that no incriminating article has been recovered from his conscious possession and he is languishing in judicial custody for 1 1⁄2 months.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge cum Special Judge (Excise), Nalanda at Biharsharif, in connection with Excise Case No. 87 of 2019, arising out of Silao P.S. Case No. 20 of 2019, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T