Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6429 of 2018 Arising Out of PS. Case No.-355 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== Ranjan Kumar, Son of Ram Jatan Ray, Resident of Mohalla-Ramjee Chak, School Gali, Police Station-Digha, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. AJEET KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 393 of the Indian Penal Code and Section 37(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that co-accused was arrested by the Police in a drunken state.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Rahul Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.6429 of 2018(4) dt.29-03-2018 2/2 the implication of the petitioner in this case. It is a case where co-accused is alleged to have been arrested in a drunken state. There is no recovery of liquor in the present case. The petitioner had no knowledge regarding the alleged incident. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Bihar Excise Act, Patna in connection with Patliputra P.S. Case No. 355/2017 ( Special Case No. 7249 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T