Patna High CourtCR. MISC./32321/2024bail granted

Ranjeet Prasad Singh v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32321 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Ranjeet Prasad Singh SON OF LATE BALESHWAR SINGH RESIDENT OF VILLAGE- SADANANDPUR WARD NO. 05, PS- BALLIA, DISTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ballia P.S. Case No. 79 of 2024 instituted for the offences under Sections 290 and 120B of the Indian Penal Code and Sections 30(a), 32 and 41(i) (ii) of the Prohibition and Excise Act.

3. The prosecution case, in short, is that 1352.160 liters liquor was recovered from a Mahindra Scorpio.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is the driver and had no knowledge regarding the goods loaded in the vehicle. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.32321 of 2024(2) dt.30-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 6.3.2024 and has got antecedent of one criminal case in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ballia P.S. Case No. 79 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U