Ranjay Kumar @ Ranjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29683 of 2024 Arising Out of PS. Case No.-18 Year-2022 Thana- BANGARA District- Samastipur ====================================================== RANJAY KUMAR @ RANJAY RAI S/O SHATRUGHAN RAY R/O VILLAGE- MAHUA SIHRAY, P.S- MAHUA, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bangara P.S. Case No. 18 of 2022 instituted for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 3546 liters of illegal foreign liquor from a Truck.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of apprehended co-accused person, which has no evidentiary value in the eyes of law. Petitioner is neither the

Patna High Court CR. MISC. No.29683 of 2024(2) dt.19-04-2024 2/2 driver nor the owner of the seized truck. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. He further submitted that the other coaccused has already been granted bail by this Bench vide order dated 19.02.2024 passed in Cr. Misc. No. 8967 of 2024. The petitioner is in custody since 07.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bangara P.S. Case No. 18 of 2022.

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