Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26299 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ranjan Kumar S/o Kail Chaudhary R/o Village- Chhotka Mor , PS- Sasaram M , Dist- Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sasaram (M) P.S. Case No. 85 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018/2020.

3. As per prosecution case, 5.040 litre illicit foreign liquor was recovered from the room of petitioner and his wife, namely, Madhu Kumari.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as

Patna High Court CR. MISC. No.26299 of 2025(2) dt.07-05-2025 2/3 alleged in the FIR. He further submits that on account of inimical term with local chowkidar petitioner has been falsely implicated in this case showing the alleged recovery from his room. Petitioner was not found on the place of occurrence. Petitioner is not in any way connected with the alleged recovery. Petitioner is not involved in the business of liquor. Petitioner bears no criminal antecedent. Seizure list has not been made as per mandatory provision of Section 103 of BNSS, 2023. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.26299 of 2025(2) dt.07-05-2025 3/3 Judge, Excise Court No. 2, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 85 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T