Ranjit Kumar Singh @ Kanhaiya Singh @ Kanhai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2865 of 2021 Arising Out of PS. Case No.-333 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RANJIT KUMAR SINGH @ KANHAIYA SINGH @ KANHAI SINGH S/o Laxmi Singh @ Lakshmi Singh R/o Village- Hasanpur Surat, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi- Advocate For the Opposite Party/s :

Ms. Nirmala Kumari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-07-2021 Heard Mr. Manish Chandra Gandhi, the learned Advocate for the petitioner and Ms. Nirmala Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bochahan P. S. Case No.333 of 2019, instituted for the offences under Sections 272, 273, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

From the F.I.R., it appears that the two trucks and a motorcycle were intercepted and several litres of liquor was recovered from the two trucks. The owner of the motorcycle was stated to be one Kanhai Singh. The learned Advocate for the petitioner has

Patna High Court CR. MISC. No.2865 of 2021(2) dt.23-07-2021 2/3 submitted that he is a person of clean antecedent and is the owner of the motorcycle, which also was seized in the occurrence. Nothing was recovered from the motorcycle. There is an explanation of the presence of the motorcycle in the village where raid was conducted. The petitioner's sister is married in that village and he had gone to his sister's house to attend the birthday celebration of his nephew.

The fact that the petitioner does not have criminal antecedent and he has got no concern with the two trucks from where recovery of liquor has been made, the offence under the Excise Act cannot be saddled upon him. For the facts afore-stated, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight 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 learned Special Judge, Excise Act, Muzaffarpur in connection with Bochahan P. S. Case No.333 of 2019, subject to the conditions laid down under Section 438(2) of

Patna High Court CR. MISC. No.2865 of 2021(2) dt.23-07-2021 3/3 the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T