Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21856 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.
RANJIT KUMAR S/o- Late Dasrath Prasad, Resident of VillageDulanchak, P.S.- Sahar, District- Bhojpur, presently residing at Nayabas, J.J. Colony, P.S.- Police Chouki Sector-20, Gautam Buddh Nagar, Noida U.P. 2.
Madhuri Devi @ Madhu Devi, D/o- Ashok Saw, Resident of VillageThathel, P.S.- Amarpur, District- Banka, Presently residing at Haroda, Sector-05, P.S.- Police Chouki Sector-20, Gautam Buddh Nagar, Noida, U.P. 3.
Priyanka Kumari, D/o- Madan Thakur, Resident of village- Dhobhe, P.S.- Kewati, District- Dharbhanga, Presently residing at Haroda Sector-05, P.S.- Pokice Chouki Sector-20, Gautam Buddh Nagar, Noida, U.P. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nikunj Shekhar For the Opposite Party/s :
Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 22.01.2019 in connection with Supaul P.S. Case No. 43 of 2019 in ST(Excise) No. 48 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the police personnel, is that while on patrolling duty they received secret information that illicit liquor is being carried in a
Patna High Court CR. MISC. No.21856 of 2019(2) dt.11-04-2019 2/3 Toyota car, the police found that the vehicle is being escorted by three motorcycle borne culprits, but on seeing the police they fled away. The petitioners along with another coaccused Upendra Choudhary was apprehended. On search from the vehicle 90.675 litres of Indian made foreign liquor was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that the petitioners were passengers in the said Toyota car, the driver of the said vehicle has already been granted the privilege of bail by this Court in Cr. Misc. No. 19139 of 2019 vide order dated 29.03.2019 and the petitioners are languishing in judicial custody for about three months.
However, learned APP for the State opposes the prayer for bail.
Considering the nature of allegation, the period of custody and that petitioners do not bear any criminal antecedent, as stated in paragraph 3 of this application, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two
Patna High Court CR. MISC. No.21856 of 2019(2) dt.11-04-2019 3/3 sureties of the like amount each to the satisfaction of learned ADJ-II cum Special Judge(Excise), Supaul, in connection with Supaul P.S. Case No. 43 of 2019 in ST(Excise) No. 48 of 2019.
(Nilu Agrawal, J) Rajesh/- U T