Subhash Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23572 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- PALANWA District- East Champaran ====================================================== SUBHASH RANJAN Son of Ramayan Ram Resident of Village - Majurahan, P.S. - Raghunathpur O.P., Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-09-2020 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, Additional Public Prosecutor for the state through video conferencing. Petitioner seeks regular bail in connection with Palanwa PS Case No. 28/2020 registered for the offence punishable under Sections 272, 273 of the IPC and 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018. The allegation against the petitioner as per First Information Report is that the police during course of patrolling intercepted the motorcycle of the petitioner and recovered total quantity of 48 litres of illicit Nepali liquor, beer etc. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner has falsely been implicated in this case with oblique motive.

Patna High Court CR. MISC. No.23572 of 2020(2) dt.14-09-2020 2/2 Learned counsel further submits that the procedure for search and seizure as prescribed under Section 100 of the CrPC has not been followed by the police at the time of alleged seizure.

Learned counsel also submits that petitioner is in custody since 08.03.2020.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SUBHASH RANJAN be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari in connection with Palanwa PS Case No. 28/2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

perwez (Anil Kumar Sinha, J) U T