Ranjay Kumar @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17920 of 2023 Arising Out of PS. Case No.-420 Year-2021 Thana- MAHUA District- Vaishali ====================================================== RANJAY KUMAR @ RAJU Son of Jagnath Singh @ Jagannath Singh R/VMahua Singh Ray, P.S- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== 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), 32(ii) and 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act. As per prosecution case, there has been recovery of 8812.590 liters of illegal country-made liquor from a Truck, Bearing No. UP-21CN4807.

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 not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.17920 of 2023(2) dt.12-05-2023 2/2 statement of local Chaukidar, Which has got no evidentiary value in the eyes of law. No incriminating article has recovered from the conscious possession of the petitioner. He submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 23.11.2022 passed in Cr. Misc. No. 50008 of 2022. He is languishing in judicial custody since 25.01.2023.

The application for bail is opposed by learned APP for the State.

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 Additional Sessions Judge-cum-Exclusive Excise Court no. 2, Vaishali at Hajipur in connection with Mahua P.S. Case No. 420 of 2021.

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