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Patna High CourtCR. MISC./17484/2025bail granted

Ranjeet Kumar v. The State Of Bihar

2025-04-16Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17484 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- Excise P.S. District- Jehanabad ====================================================== Ranjeet Kumar S/o Dukhharan Saw R/o vill - Erki, P.S.- Town Jehanabad, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the State :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Jehanabad Excise P.S. Case No. 5 of 2025, dated 03.01.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and 2022.

3. As per allegation, 92.625 litre of illicit liquor has been recovered and as per further allegation, the accused petitioner was doing business of illicit liquor by keeping the liquor in the bush, situated to the east of Patna and Gaya railway line at Gaya.

4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.17484 of 2025(2) dt.16-04-2025 2/3 case. He further submits that petitioner is no way connected with the alleged offence. He further submits that the recovery has been made from an open space where there is access to the public and no prima face case is made out against the petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Jehanabad Excise P.S. Case No. 5 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.17484 of 2025(2) dt.16-04-2025 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T