Ranjan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33571 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== RANJAN RAY Son of Late Lakhinder Ray Resident of Village- Fatehbad, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Paroo P.S. Case No. 47 of 2021 registered for the offence under Sections 272 , 273 , 414 / 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story in nutshell is that the Police on the basis of secret information arrived at the place of occurrence and upon seeing the Police party five persons started fleeing away, however, the petitioner was arrested and Police recovered 44.625 liters of illegal foreign liquor from the Maruti Wagon- R car standing there.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he was not arrested from inside the vehicle from where illicit liquor was recovered, rather he has been arrested while he was fleeing away. Learned counsel referring to the

Patna High Court CR. MISC. No.33571 of 2021(4) dt.17-01-2022 2/2 supplementary affidavit submits that petitioner is not the owner of the car in question, no illicit liquor has been recovered from his conscious possession or from the vehicle belonging to him, the petitioner is in custody since 19.02.2021, charge sheet has already been submitted and the trial is not likely to be concluded due to COVID 19 pandemic.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 19/02/2021, he is not owner of the car in question, charge sheet has already been submitted and trial is not likely to be concluded in near future, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Paroo P.S. Case No. 47 of 2021. praful/- (Anil Kumar Sinha, J) U T