Ranjeet Paswan @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22118 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Ranjeet Paswan @ Ranjeet Kumar, S/o Dukhit Paswan R/o Mohalla- Purvi Unta (Arya Mandir), P.S.- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Excise Case No.147 of 2019 arising out of Jehanabad P.S. Case No.88 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation against the petitioner is that on secret information, the police raided a semi constructed house without any roof near the community hall and recovered a total quantity of 125 litres of country-made liquor. It has further been alleged that upon seeing the police party, three persons fled away from the place of occurrence and the names of the persons including the petitioner were disclosed by the villagers.

Learned counsel for the petitioner submits that the petitioner is innocent and from perusal of the First Information Report, no offence under the Excise Act is made out against him

Patna High Court CR. MISC. No.22118 of 2019(4) dt.01-08-2019 2/2 inasmuch as the illicit liquor in question has been recovered from the under constructed house near the community hall which does not belong to the petitioner. He further submits that the name of the petitioner has been dragged in this case with oblique motive. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that no recovery of illicit liquor has been made from the conscious possession or the premises belonging to the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Jehanabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T