Ranjeet Kumar @Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25246 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Ranjeet Kumar @ Ranjit Kumar, aged about 25 years, Gender-Male, Son of Late Joghan Singh, Resident of Village- Ratnaur P.S.- Jamhore DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 98 of 2024 instituted for the offences punishable under Sections 30(a), 30(c), 30(d), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 455 liters of spirit, 3990 piece of bottle cap, 3990 empty bottle, rapper-3500 piece, 27 liters of country made liquor, one panching machine with five caramel liquid and 500 ml of Aluminum Sulphate was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.25246 of 2024(2) dt.04-04-2024 2/3 falsely been implicated in this case due to dirty village politics. He submits that the house is a joint property where several persons are residing there. It is further alleged that the recovered articles are kept by co-accused Susho Ranjan Kumar and the petitioner has got no concern with the same. Petitioner is in custody since 07.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned Special Judge Excise-2nd, Aurangabad, Bihar dated 07.03.2024, it appears that the seized articles have been recovered from the joint house of the petitioner and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-2nd, Aurangabad in connection with Excise P.S. Case No. 98 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of

Patna High Court CR. MISC. No.25246 of 2024(2) dt.04-04-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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