Patna High CourtCR. MISC./28699/2024bail granted

Ranjan Kumar @ Ranjan Kumar Ram v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28699 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- AMNAUR District- Saran ====================================================== Ranjan Kumar @ Ranjan Kumar Ram Son Of Harendra Mahato Resident Of Village- Nautan, PS- Marhowarh, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Amnaur P.S. Case No. 318 of 2023, instituted for the offences punishable under Sections 414, 420, 467, 468, 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 103.680 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.28699 of 2024(2) dt.18-04-2024 2/2 with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the seized motorcycle in question and name of the petitioner has transpired on the basis of confessional statement of co-accused person. The petitioner is in custody since 10.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnaur P.S. Case No. 318 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T