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Patna High CourtCR. MISC./49878/2022bail granted

Ranjeet Kumar v. The State Of Bihar

2022-11-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49878 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== RANJEET KUMAR Son of Sri Nathuni Thakur Resident of Village - Tira Jatmalpur, P.s.- Kalyanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kalyanpur P.S. Case no. 94 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 9 litres of IMFl from the toilet of Sanjeet Kumar. Petitioner is his brother. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is two brother and both are living separately. The alleged recovery has taken place from the toilet from his brother's house. He has got no criminal antecedent. Petitioner

Patna High Court CR. MISC. No.49878 of 2022(2) dt.11-11-2022 2/2 has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kalyanpur P.S. Case no. 94 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-1, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U