Ranjit Kumar @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25699 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- KONCH District- Gaya ====================================================== Ranjit Kumar @ Ranjeet Kumar S/O Sidhnath Yadav @ Siddhnath Yadav R/O Village-Mardua, P.S.-TEKARI, District-Gaya. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution allegation, in short, is that in a raid conducted by the Customs Official, soft drink containing alcohol is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that soft drink is said to have been recovered from the shop of the

Patna High Court CR. MISC. No.25699 of 2021(2) dt.04-08-2021 2/2 petitioner. It is submitted on behalf of the petitioner that the use of alcohol up to .5 % is permissible in the light of order dated 05.11.2017 passed in Cr. W.J.C. No. 627 of 2017 by a coordinate Bench of this Court.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the order dated 05.11.2017 passed in Cr. W.J.C. No. 627 of 2017, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge -II-Special Judge, Excise Act, Gaya in connection with Konch P.S. Case No. 358 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T