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Patna High CourtCR. MISC./26565/2025bail granted

Ranjan Kumar v. The State Of Bihar

2025-06-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26565 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Ranjan Kumar, (M), aged about 19 years, Son of Suresh Yadav @ Suresh Saw, Resident of Village- Jankidih, P.S.- Bannubaghicha, District- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 43 C2 of 2025 dated 18.01.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the possession of the petitioner. It is further submitted that the alleged seized liquor and the motorcycle in

Patna High Court CR. MISC. No.26565 of 2025(3) dt.26-06-2025 2/3 question does not belong to the petitioner. It is further submitted that the co-accused Kundan Kumar was driving the motorcycle and the petitioner was sitting as a back rider on the said motorcycle and the alleged liquor was kept in between them. The petitioner had no knowledge that the illicit liquor was kept on the motorcycle but on good faith, he sat on the motorcycle because he had to go to Kiul Railway Station. The petitioner has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Kundan Kumar, has already been granted bail by a Bench of this Court in Cr. Misc. No. 23646 of 2025 vide order dated 23.04.2025. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 19.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II-cum-Exclusive Special Excise Court-II, Lakhisarai in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.26565 of 2025(3) dt.26-06-2025 3/3 43C2 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T