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Patna High CourtCR. MISC./31027/2021bail granted

Ranjan Kumar @ Nanka v. The State Of Bihar

2022-02-28Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31027 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Ranjan Kumar @ Nanka, aged about 30 years, male, S/o Maheshwar Mishra, R/o village- Silaut Bhimal, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 303 of 2020, arising out of P.R. No. 4 of 2020, dated 23.12.2020, instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 1709.55 litres of liquor is said to have been recovered from a truck. One person was found to be

Patna High Court CR. MISC. No.31027 of 2021(2) dt.28-02-2022 2/3 removing the tarpaulin from the roof of the truck and when the police party arrived, all other persons, who were unloading the liquor, ran away. The petitioner is one of those persons who ran away from the place of raid. It has been submitted on behalf of the petitioner that the accusation is absolutely vague and the prosecution report does not event state the source of identification of the petitioner.

It has further been submitted that the petitioner has clean antecedents and in view of the nature of accusation against him, no offence under the Excise Act can at all be said to have been made out against him. Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 303 of 2020, arising out of P.R. No. 4

Patna High Court CR. MISC. No.31027 of 2021(2) dt.28-02-2022 3/3 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T