Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37637 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- CHANDAN District- Banka ====================================================== RAJIV RANJAN Son of Balkrishna Panjiyara Resident of Village- Dudhari, P.S. and District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Shailendra Kuamr, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Excise-19 of 2021 arising out of Chandan P.S. Case No. 4 of 2021 for the offence registered under Section 56(D) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 2250 kg. of Mahua flowers from the vehicle in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 10.04.2021. The learned counsel for the petitioner has submitted, by referring to Annexure-2 to the present petition, that he has already sold the vehicle in question

Patna High Court CR. MISC. No.37637 of 2021(2) dt.14-12-2021 2/2 to one Vinod Kumar Yadav, hence he cannot be saddled with the liability of Mahua flower.

Per contra, Shri Shailendra Kumar, the learned APP for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Banka in connection with Special Excise-19/2021 arising out of Chandan P.S. Case No. 4 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T