Patna High CourtCR. MISC./13508/2020allowed

Ranjan Kumar v. The State Of Bihar

2020-06-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13508 of 2020 Arising Out of PS. Case No.-293 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== RANJAN KUMAR, aged about 20 years, Male, Son of Ram Pravesh Mahato @ Chuhua Resident of Shish Mahal Hamampar, P.S.-Khajekalan, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner as well as learned A.P.P.

From a bush near the house of Rohit Kumar Paswan prosecution party recovered 40 litres of country made wine while 60 bottles, each 180 ml. foreign wine (Indian origin) on a confidential information. The miscreants succeeded in their escape. However, the Homeguard constables, who were deputed since before, disclosed identity of those persons as Rohit Paswan, Ajju Rai, Ranjan Kumar. Presence of Homeguard constables since before at the place of occurrence make the prosecution case doubtful because of the fact that had there been presence, then in that circumstance the accused could have been arrested/ apprehended during the course of unloading as well as

Patna High Court CR. MISC. No.13508 of 2020(2) dt.11-06-2020 2/2 concealing. Further, the petitioner has got no criminal antecedent.

Consequent thereupon, let the petitioner Ranjan Kumar, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna in Khajekalan P.S.Case No. 293/2018, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Aditya Kumar Trivedi, J) Surendra/- U