Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23111 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -MASRAKH District- SARAN ====================================================== Ranjan Kumar, Son of Bahadur Rai, Resident of Village- Rajapatti Kothi, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30, 30(a), 30(c), 38, 41, 45 and 47 of the Bihar Prohibition and Excise Act, 2016.

2143 litres of foreign liquor is said to have been recovered from the truck, Swift Desire and Bolero and the driver of the aforesaid vehicles and other accused persons were apprehended. Petitioner was also apprehended after giving chase who is said to have arrived there on call of Mantu Rai to take delivery of some of the liquor for its vending. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.23111 of 2018 (2) dt.30-04-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has also no concern with any trade of liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. As per the F.I.R., he had arrived at P.O. for purchasing some of the aforesaid liquor for vending the same, but no money has been seized from his possession. He has been languishing in custody since 18.03.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th A.D.J. cum Special Judge, Excise, Saran, Chapra in connection with Masrakh P.S. Case No. 70 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T