Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54490 of 2021 Arising Out of PS. Case No.-275 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== NARESH SINGH SON OF LATE JHARI SINGH R/O VILLAGEKANCHANPUR (RAHIMAPUR), P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bidupur Police Station Case No. 275 of 2021, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that the petitioner along with other co-accused persons has brought the consignment of illicit liquor and is unloading it in a banana orchard, proceeded towards the place of occurrence and upon seeing the police party, the accused persons started fleeing away and managed to escape. The police identified the persons, who fled away as the petitioner and other accused persons and a total

Patna High Court CR. MISC. No.54490 of 2021(2) dt.17-05-2022 2/3 quantity of 1152.585 litres of illicit liquor and 168 litres of illicit beer have been recovered from the hut near the house of coaccused Kapil Singh. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of the disclosure of his name by the police party. He further submits that no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner. He further submits that the petitioner is in custody since 04.06.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging tot he petitioner, charge sheet has already been submitted and the petitioner is in custody since 04.06.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty

Patna High Court CR. MISC. No.54490 of 2021(2) dt.17-05-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Vaishali, at Hajipur, in connection with Bidupur Police Station Case No. 275 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √