Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22888 of 2025 Arising Out of PS. Case No.-984 Year-2021 Thana- FATUA District- Patna ====================================================== Ranjit Kumar S/o Ramdev Laund Rai @ Laundu Rai R/o Village- Shish Mill, ward no. 27, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Fatuha P.S. Case No. 984 of 2021 registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the recovery of illicit liquor appears to be made from a bush behind a co-operative

Patna High Court CR. MISC. No.22888 of 2025(2) dt.30-04-2025 2/3 bank. It is submitted that the place of recovery is an open place which is accessible by general public, therefore, it can be safely said that recovery was not made from the physical possession of this petitioner. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases of similar nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual and legal submission and by taking note of fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, rather an open field accessible by general public, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special court of Excise, Patna City

Patna High Court CR. MISC. No.22888 of 2025(2) dt.30-04-2025 3/3 /concerned Court, where the case is pending in connection with Fatuha P.S. Case No. 984 of 2021, subject to the conditions as laid down under Section 482(2) of BNSS., subject to condition:- (i) That petitioner shall not involve/ indulge in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (Chandra Shekhar Jha, J) Sudha/- U T