Ranjeet Kumar Yadav @ Dongar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21928 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- Excise P.S. District- Madhubani ====================================================== Ranjeet Kumar Yadav @ Dongar son of Bhogendra Yadav VillageMukhiyapatti Mushari Tol Kerwa Ps- Sherghat Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ravi Prakash, Advocate For the State :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Benipatti Excise P.S. Case No. 110 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3.

As per the prosecution case, there is recovery of 180 liters of illicit liquor was recovered from the motorcycle. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-01-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.21928 of 2024(2) dt.13-03-2024 2/2 counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. Petitioner name has transpired on the basis of confessional statement of co-accused, namely, Ramesh Kumar Mahto, and the same has no evidentiary value. There is no compliance of Section 100 of the Cr.P.C. Similarly situated co-accused has been granted bail by this Court vide order dated 22-02-2024, passed in Cr. Misc. No. 10664 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Benipatti Excise P.S. Case No. 110 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T