Patna High CourtCR. MISC./38097/2024bail granted

Ranjit Mahto v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38097 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Ranjit Mahto S/O Late Ramayan Mahto R/O- Vill- Mahamda, P.S- Garkha, Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 54 of 2024 instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 120 liters of liquor was recovered from a Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired as being owner of the vehicle in question and he has

Patna High Court CR. MISC. No.38097 of 2024(2) dt.19-06-2024 2/2 no knowledge regarding the goods booked by the transporter/goods kept in the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 06.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the 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 as well as 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 Excise P.S. Case No. 54 of 2024.

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