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Patna High CourtCR. MISC./30121/2022bail granted

Ranjeet Rai @ Ranjeet Kumar Rai v. The State Of Bihar

2022-11-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30121 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Ranjeet Rai @ Ranjeet Kumar Rai S/o Rajendra Rai Resident of Village - Mushahari, P.S. - Mushahari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mushahari P.S. Case no. 177 of 2021 instituted for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a), 36, 41 of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of total 477 liters illicit India Made Foreign Liquor beneath the water which is situated behind the house of Sarwan Rai and Mahesh Rai. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on mere suspicion. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.30121 of 2022(2) dt.04-11-2022 2/2 concern with the alleged recovery of wine or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mushahari P.S. Case no. 177 of 2021, he will 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 Exclusive Special Excise Court NO.-1, Muzzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U