Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38239 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Ranjeet Kumar, son of Lakshmi Ray, resident of Mohalla- West Lohanipur, P.S. Kadamkuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Harendra Nath Ojha, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2018 Heard Dr. Harendra Nath Ojha , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Kadamkuan P.S. Case No. 215 of 2018, registered for the offence under Section 30(A)/38 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that in this case petitioner has been made accused on an accusation of recovery of a bottle containing 375 ML Indian make foreign liquor and that bottle was also unsealed. Learned counsel for the petitioner submits that it is true that recovery was shown from Scooty of the petitioner which was parked near the Road but a defence has been taken that petitioner after parking his

Patna High Court Cr.Misc. No.38239 of 2018(2) dt.04-07-2018 2/2 Scooty had gone somewhere else and when he returned back he found that his Scooty was missing and subsequently he learnt that he was made accused on the ground that in his Scooty there was a bottle containing 375 ML Indian make foreign liquor. He has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

In view of the facts and circumstances, nature of accusation as well as the fact that petitioner is having clean antecedent , in the event of his arrest or surrender within a period of six weeks from today, let petitioner Ranjeet Kumar 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 Judge Excise, Patna / concerned court in connection with Kadamkuan P.S. Case No. 215 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T