Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5068 of 2021 Arising Out of PS. Case No.-379 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== RANJEET KUMAR, Son of Sadhu Manjhi Resident of Village- Sahwa, P.S.- Issuapur, Distt- Saran at Chhapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-09-2021 Heard Mr. Yashraj Bardhan, learned advocate for the petitioner and Mr. Ramchandra Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chhapra Muffasil P. S. Case No. 379 of 2020, dated 23.08.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the prosecution report, it appears that a motor-cycle was intercepted. Two persons were riding the aforesaid motor-cycle. One of them was arrested, who disclosed his name as Ankit Kumar. From the

Patna High Court CR. MISC. No.5068 of 2021(2) dt.10-09-2021 2/3 aforesaid motor-cycle, fifteen (15) litres of liquor is said to have been recovered.

The learned advocate for the petitioner has submitted that though the motor-cycle in question belongs to him but he had given the same to Ankit Kumar, a friend of his, for going to the house of his relative. The petitioner had no idea that Ankit Kumar would carry liquor with him. Merely because the motorcycle in question stands in the name of the petitioner, he has been made accused in this case.

The petitioner has clean antecedents.

On these grounds, it has been urged that no offence under any one of the provisions of Excise Act can at all be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt /

Patna High Court CR. MISC. No.5068 of 2021(2) dt.10-09-2021 3/3 production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. - II cum Special Judge, Excise, Saran at Chapra, in connection with Chhapra Muffasil P. S. Case No. 379 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T