Ranjeet Gupta @ Ranjit Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38635 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Ranjeet Gupta @ Ranjit Kumar Gupta Son of Late Ganesh Sah VillageJiwdhara, P.O.- Jiwdahara, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kesariya PS Case No. 119 of 2024 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Section 272 & 273 of the Indian Penal Code. The petitioner's anticipatory bail was earlier allowed on 02-07-2024, passed in Cr. Misc. No. 35719 of 2024, subject to verification of criminal antecedents. Since the trial court found more than eight prior case against the petitioner, the bail order was not given effect.
3.
The prosecution case, in short, is that 1780 liters foreign liquor was recovered from two Trucks.
Patna High Court CR. MISC. No.38635 of 2025(2) dt.19-06-2025 2/3 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case on the confessional statement of apprehended co-accused person, who was driving the truck in question. The petitioner is in custody since 28-03-2025 and has got fourteen (14) criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. 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 and 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 Kesariya PS Case No. 119 of 2024, subject to the following condition/s:- (I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.38635 of 2025(2) dt.19-06-2025 3/3 family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (IV) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail. (Rudra Prakash Mishra, J) Raj Kishore/- U T