Patna High CourtCR. MISC./39475/2024bail granted

Raju Ranjan v. The State Of Bihar

2024-06-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39475 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Raju Ranjan S/O Jay Prakash Patel R/O Village Rajepur, wards no.06, P.S. Sahebganj(Rajepur O.P.), Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the IPC read with Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in connection with Sahebganj P.S. Case No.139 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 51.75 liters of liquor from a car.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.39475 of 2024(2) dt.28-06-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized car and he came to be implicated based on confessional statement of Nitin and Ranjan in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000 /- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No.II, Muzaffarpur in connection with Sahebganj P.S. Case No.139 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.39475 of 2024(2) dt.28-06-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T