Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61596 of 2021 Arising Out of PS. Case No.-432 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RANJAN KUMAR Son of Moti Lal Sah Resident of Village - Navanagar Nijamat, P.S. - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Mukul For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard.

The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 432 of 2019, registered for the offence punishable under sections 272, 273, 414, 341 of the Indian Penal Code and section 30(a) /41 (i) of the Bihar Prohibition and Excise Amendment Act, 2016.

The allegation is regarding recovery of 449.250 liters of illicit liquor from a Tata Sumo vehicle and the person apprehended from in the vehicle in question is stated to have named the other co-accused persons including the petitioner herein who are also alleged to be indulging in the trade of illicit liquor.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.61596 of 2021(2) dt.31-03-2022 2/3 implicated in the present case and is languishing in custody since 18.08.2021. The learned counsel for the petitioner has further submitted that neither the petitioner has been arrested from the spot nor the vehicle in question belongs to the petitioner nor the illicit liquor has been recovered from his conscious possession and he has been merely implicated in the present case upon disclosure made by the co-accused person who was apprehended by the police.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that neither the petitioner has been arrested from the spot nor the illicit liquor has been recovered from his conscious possession nor the vehicle in question belongs to the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.61596 of 2021(2) dt.31-03-2022 3/3 the learned court of Special Judge, Excise, Muzaffarpur, in connection with Sahebganj P.S. Case No. 432 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T