Ranjeet Ray @ Ranjeet Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36706 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ranjeet Ray @ Ranjeet Patel S/O Prabhu Rai R/O Village- Thumma, Ward No. 7, P.S- Runnisaidpur, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 183 of 2023 registered for the offence under Sections 30(a), 32, 38 and 41 of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 05.04.2023.
The allegation against the petitioner is to engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 500.19 litres of IMFL/country made liquor from the alleged vehicle.
Patna High Court CR. MISC. No.36706 of 2023(3) dt.06-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that major part of the alleged illicit liquor appears to be made from the house of co-accused Ajay Mahto, whereas 9 litres and 90 litres of illicit liquor appears to be recovered from the motor-cycle and swift dezire vehicle, respectively, which was parked in front of the house of co-accused Ajay Mahto, where petitioner implicated only being the next door neighbour, without having any connecting material. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of the fact as alleged illicit liquor not appears to be recovered from physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.04.2023, accordingly, above named petitioner is directed to be released on bail in connection with Runnisaidpur P.S. Case No. 183 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.36706 of 2023(3) dt.06-07-2023 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1, Sitamarhi/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T