Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36008 of 2020 Arising Out of PS. Case No.-211 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Ranjan Kumar S/o Lalan Rai R/o Village-Sundrapur, P.S.-Kesharia, DistrictEast Champaran at Motihari. 2.

Ravi Kumar Yadav S/o Brijeshwar Rai R/o Village-Badahawa Khurd, P.S.- Dumaria Ghat, District-East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioners and Smt. Anita Kumari Singh, the learned A.P.P. appearing for the State. The petitioners seek regular bail in connection with Excise Case No. 211 of 2020 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 98.400 liters of illicit liquor from a Gold Ace Tata Magic vehicle. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are languishing in custody since 21.08.2020. The learned counsel for the petitioner, by referring to paragraph-7 of the present

Patna High Court CR. MISC. No.36008 of 2020(2) dt.22-01-2021 2/2 petition, has submitted that the petitioners are not the owner of the vehicle in question.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioners are not the owner of the vehicle from which the illicit liquor has been recovered and moreover, they are having a clean antecedent, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge2nd cum Special Judge, Excise, Gopalganj in connection with Excise Case No. 211 of 2020.

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