Patna High CourtCR. MISC./16265/2018bail granted

Ranjit Rai @ Ranjeet Rai v. The State Of Bihar

2018-03-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16265 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -GARDANIBAGH District- PATNA ======================================================

1. Ranjit Rai @ Ranjeet Rai S/o Sri Hoti Rai R/v - B.K. Dutta Lane, P.S. - Jakkanpur, Distt. - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No.6368 of 2017, arising out of Gardanibagh P.S. Case No.323 of 2017 registered under Section 38 (1) (2) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

Some quantity of foreign liquor is said to have been recovered from the under constructed house of Mahendra Rai and petitioner and one another accused who were consuming the liquor there were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has not

Patna High Court Cr.Misc. No.16265 of 2018 (02) dt.21-03-2018 2/ 2 consumed any liquor. He has been falsely implicated in this case. He has neither any concern with the seized liquor nor with the place of occurrence. Though one criminal case has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 09.11.2017. In the facts and circumstances of the case, 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 Special Judge Excise, Patna in connection with Special Case No.6368 of 2017, arising out of Gardanibagh P.S. Case No. 323 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U