Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51131 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ranjan Kumar Son of Lal babu chandravanshi @ Lalji Prasad @ Lalji Ram Resident of Village - Dosma, Police Station - Phesar, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2022 Learned counsel for the petitioner submits that due to inadvertence, the name of petitioner has been wrongly typed as Ranjan Kumar in place of Rajan Kumar. Learned counsel seeks permission to remove the defect.

Permission granted.

Let the defects be removed in course of day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurangabad Town P.S. Case No. 89 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise (Amendment) Act, 2018.

As per the prosecution case, total recovery of 106.98 liter foreign liquor is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 16.07.2022 having clean antecedent and charge sheet has already been filed in this

Patna High Court CR. MISC. No.51131 of 2022(3) dt.28-11-2022 2/2 case. He also submits petitioner has not been apprehended from the place of occurrence and nothing was recovered from his conscious possession. He submits that the said recovery was alleged to be made at from a hotel, which is an open place and many people used to come there. He further submits that petitioner is not the owner of the hotel.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge - I, Excise, Aurangabad in connection with Aurangabad Town P.S. Case No. 89 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T