Ranjeet Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50279 of 2023 Arising Out of PS. Case No.-256 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== Ranjeet Kumar Ray, Son Of Surendra Ray Village Chaksaid Mohhamadpur Saidpur, Ps- Mahuwa, Dist- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 80 litres of liquor from an auto. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized auto. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence

Patna High Court CR. MISC. No.50279 of 2023(2) dt.03-08-2023 2/2 against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that driver would misuse the vehicle in the manner as alleged. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.2cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Rajapakar P. S. Case No.256 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T