Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42644 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== RANJEET KUMAR Son of Mahesh Manjhi Resident of Village - Tiwarichak, P.S. - Barachatti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 130 of 2021, C.I.S. No. 595 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 106.800 litres of illicit foreign liquor and 96 litres of beer from a vehicle of which the petitioner is stated to be a driver. 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 23.03.2021. The learned counsel for the petitioner has further submitted that since the petitioner is

Patna High Court CR. MISC. No.42644 of 2021(2) dt.15-12-2021 2/2 merely the driver of the vehicle in question, he was not having any knowledge about the contents of the consignment loaded on the vehicle in question.

Per contra, the learned counsel 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 Sessions Judge-II-cumSpecial Judge of Excise Act, Gaya in connection with Kotwali P.S. Case No. 130 of 2021 corresponding to C.I.S. No. 595 of 2021.

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