Patna High CourtCR. MISC./37407/2024bail granted

Ranjeet Sahni v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37407 of 2024 Arising Out of PS. Case No.-218 Year-2019 Thana- Excise P.S. District- Samastipur ====================================================== Ranjeet Sahni Son of Bechan Sahni Resident of Village- Amsaur, P.S.- Khanpur, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 218 of 2019, instituted for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 25 liters liquor was recovered from bamboo orchard.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.37407 of 2024(2) dt.16-05-2024 2/2 submitted that the bamboo orchard in question does not belong to the petitioner. The petitioner was not apprehended on spot. Name of the petitioner has transpired on the basis of secret information which was received by the police. The petitioner is in custody since 30.03.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 218 of 2019.

(Rudra Prakash Mishra, J) Rajorshi/- U T