Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27947 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== RANJAN KUMAR Son of Kishun Prasad @ Kishun Resident of Village - Krishna Toli, Sanjay Cinema, P.S.- Brahmpura, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Mr.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.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending his arrest in connection with Brahmpura P.S. case No.305/20 registered under Sections 30(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 12 liters acid and some empty bottles are recovered from scrap shop of the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 12 liters acid and some empty bottles are recovered from scrap shop of the

Patna High Court CR. MISC. No.27947 of 2021(2) dt.04-08-2021 2/2 petitioner. The petitioner runs scrap shop, which includes the scrap goods for recycling. No liquor is recovered from the shop of the petitioner. The petitioner has been made accused due to mistake of fact.

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

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or 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 Special Judge, Excise Act, Muzaffarpur in connection with Brahmpura P.S. case No.305/20, 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) Narendra/- U T