Ranjay Rai @ Ranjay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44626 of 2022 Arising Out of PS. Case No.-818 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ranjay Rai @ Ranjay Kumar Rai Son of Chun Chun Ray Resident of Village - Khabra Urf Kiratpur Gurudas, P.s.- Sadar, Distt.- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2022 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 Sadar P.S. Case No. 818 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 14.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 133.48 litres of IMFL/country made liquor from the field and bushes of Khajoor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.44626 of 2022(2) dt.08-09-2022 2/2 submitted that recovery of alleged illicit liquor was made from an open place, as per seizure list, having no connection with this petitioner, where nothing surfaced during the course of investigation which may connect the petitioner with alleged recovery. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet 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, as recovery of illicit liquor was made from an open place, coupled with the fact that petitioner is a man of clean antecedent, charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sadar P.S. Case No. 818 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court no. I, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Pooja/- Archana/- U T