Patna High CourtCR. MISC./46438/2023bail granted

Ranjit Rai v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46438 of 2023 Arising Out of PS. Case No.-191 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Ranjit Rai, Son Of Kapil Rai Resident Of Village - Kataru Chak, P.S. - Vaishali (O.P.), Distt. - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 416.310 litres of liquor from the Bathan of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of villagers, but then, the F.I.R. does

Patna High Court CR. MISC. No.46438 of 2023(2) dt.24-07-2023 2/2 not disclose the name of the villager, who disclosed the name of the petitioner. It is next submitted that petitioner is not the owner of the Bathan and even alleged recovery is from a place, which is accessible to public at large

5. Learned A.P.P. opposes the 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge Court of Exclusive Special Excise Court-2nd-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with C2A-191 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T