Ranjan Chaudhary @ Ranjan Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21635 of 2025 Arising Out of PS. Case No.-469 Year-2024 Thana- GARKHA District- Saran ====================================================== Ranjan Chaudhary @ Ranjan Kumar Chaudhary S/O Rama Shankar Chaudhary R/O Vill.- Mithepur, P.S.- Garkha, Dist.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Garkha PS Case No. 469 of 2024 instituted for the offences under Sections 30(a), 36, 38 & 41 of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 1237.740 liters foreign liquor was recovered from pickup van. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner was not arrested on the spot. Name of the petitioner has sprung in this
Patna High Court CR. MISC. No.21635 of 2025(2) dt.07-04-2025 2/3 case by local chowkidar. Learned counsel contends that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 12-03-2025 and has got three criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 10-01-2025, passed in Cr. Misc. No. 626 of 2025. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
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 Garkha PS Case No. 469 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.21635 of 2025(2) dt.07-04-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T