Ranjan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33162 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ranjan Sah, Son of Nagendra Sah, Resident of Village- Mahuwari Pashchim Tola, Police Station- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Sri Raghav Prasad, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, apprehending his arrest in connection with Siwan Muffasil P.S. Case No. 74 of 2018 registered for the offence under Section 272 / 273 of the Indian Penal Code , 1860 and Section 30 ( a ) of the Bihar Prohibition and Excise Act , 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner by way of referring to the F.I.R. submits that petitioner has been made accused as if some of the villagers disclosed that petitioner after noticing Police had fled away after threwing a bag containing 4 1⁄2 liter of Indian make foreign liquor . It has been argued that name of

Patna High Court Cr.Misc. No.33162 of 2018(2) dt.14-06-2018 2/2 the villager has not been indicated who disclosed the name of the petitioner. It has been argued by learned counsel for the petitioner that due to village politics petitioner has falsely been implicated in the present case.

Be that as it may, considering the nature of accusation, clean antecedent of the petitioner as well as the fact there is no specific name of the person who disclosed the name of the petitioner , there is no reason to refuse the prayer for grant of anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Ranjan Sah be enlarged on 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 2nd Additional Sessions Judge, Siwan / concerned court in connection with Siwan Muffasil P.S. Case No. 74 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T