Kumod Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16162 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== KUMOD RANJAN Son of Vishnudeo Sah R/o village- Ambedkar Chauk, Ward No.- 2, Gaushala Road SBI ATM, Punaura, P.S.- Sitamarhi, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 31.01.2019 in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that a raid was laid on the house of the petitioner and three persons were apprehended,

Patna High Court CR. MISC. No.16162 of 2019(2) dt.15-03-2019 2/3 who disclosed their names as Kumod Ranja, the petitioner and co-accused, Rakesh Jha and Amit Kumar. On search being made, from the house of the petitioner, 81 litres of country made liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is not the owner of the house. In fact, the half portion of the house from which the recovery was made has been let out to co-accused Rakesh Jha and an agreement to that effect has been executed between the parties, as contained in Annexure-2 to the petition. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the house of the petitioner. Without expressing any opinion with regard to the tenancy between the petitioner and said Rakesh Jha, considering the quantity of recovery and the period under custody coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned

Patna High Court CR. MISC. No.16162 of 2019(2) dt.15-03-2019 3/3 ADJ-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 74 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T