← Library
Patna High CourtCR. MISC./18124/2023allowed

Ranjit Sah @ Ranjit Sao v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18124 of 2023 Arising Out of PS. Case No.-643 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RANJIT SAH @ RANJIT SAO S/O Damodar Sah @ Damodar Sao R/O Village- Amarpur PO PS Sonbarsa Kachahari District Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 90 liters of illegal IMFL from a Car Bearing No. MH-04DY2572, which was being driven by the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The provision of

Patna High Court CR. MISC. No.18124 of 2023(2) dt.12-05-2023 2/2 Section 100 of the Cr.P.C., has not followed in this case. He is languishing in judicial custody since 27.12.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (ten thousand) in the account of concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1 at Bhagalpur in connection with Jagdishpur (bypass) P.S. Case No. 643 of 2022. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (ten thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U T