Ranjan Kumar @ Ranjan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43529 of 2021 Arising Out of PS. Case No.-608 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== RANJAN KUMAR @ RANJAN RAY Son of Late Lakhindra Ray @ Late Lakhi Ray Resident of Village - Fatehabad, P.S.- Paroo, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Paroo P.S. Case No. 608/2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.43529 of 2021(2) dt.11-01-2022 2/3 The allegation is regarding recovery of 272.628 liters of illicit foreign liquor and 400 liters of spirit from the field of the co-accused person, namely, Abhay Ray.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 9.4.2021. The learned counsel for the petitioner has further submitted that no recovery of illicit liquor has been made from the conscious possession of the petitioner and in fact, the same has been recovered from the field of co-accused person, namely, Abhay Ray. It is further submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 10.9.2021 passed in Criminal Miscellaneous No. 35608 of 2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.43529 of 2021(2) dt.11-01-2022 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the fact is that the same has been recovered from the field of co-accused person, namely, Abhay Ray and similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 608/2020.

(Mohit Kumar Shah, J) Ajay/- U T