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Patna High CourtCR. MISC./57341/2023allowed

Ranjay Kumar v. The State Of Bihar

2023-09-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57341 of 2023 Arising Out of PS. Case No.-320 Year-2003 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Ranjay Kumar, aged about 25 years, Gender-Male Son of Late Tuntun Singh, Resident of Village- Yarpur Rajputana, P.S- Gardanibag, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise Case No. 320(2) of 2003 instituted for offence punishable under Section 47 (a) of the Bihar Excise Act.

3. As per the prosecution case, 70 litres of country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has no knowledge about the seized liquor. There is no recovery from the possession of the petitioner and the alleged seized liquor has been recovered from the east side of the house of the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.57341 of 2023(2) dt.13-09-2023 2/2

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Excise Case No. 320 (2) of 2003, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Anand Kr.

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