Patna High CourtCR. MISC./26404/2023bail granted

Ranjit Kumar Giri v. The State Of Bihar

2023-05-16Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26404 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Ranjit Kumar Giri, Son Of Virendra Giri @ Birendra Giri Resident Of Village - Baletha, P.S. - Siwan Mufasil, Distt. - Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Mairwa P.S. Case No. 58 of 2023 dated 28.02.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 102.625 litres of country made foreign liquor and the same is stated to have been recovered from a tempo and as per the allegation, the petitioner was found as a driver in the said vehicle at the time of recovery but in actual, the petitioner was discharging his duty in the said vehicle on the instruction of vehicle's owner and he had no knowledge of the alleged loaded liquor and the said tempo does not belong to the petitioner and

Patna High Court CR. MISC. No.26404 of 2023(2) dt.16-05-2023 2/2 nothing was recovered from his conscious/constructive possession and the petitioner has fair and clean antecedent and has been languishing in jail since 28.02.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and completion of the investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Mairwa P.S. Case No. 58 of 2023.

(Shailendra Singh, J) annu/- U T