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Patna High CourtCR. MISC./56693/2024allowed

Ranjeet Kumar v. The State Of Bihar

2024-09-25Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56693 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- SAHPUR District- Patna ====================================================== Ranjeet Kumar Son of Tishok Rai Village- Habaspur, PS- Shahpur, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No.208 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, on secret information, the police conducted a raid and recovered 40 litres of country made liquor kept in three plastic containers from the place near the tube well of one Mangal Singh. It is also alleged that the petitioner on seeing the police, managed to flee away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with ulterior motive. The petitioner has no concern with the seized liquor or the place from where the liquor was recovered. Except

Patna High Court CR. MISC. No.56693 of 2024(3) dt.25-09-2024 2/2 suspicion, there is nothing material against the petitioner. The alleged recovery was made from the open place. The petitioner has one criminal antecedent, however, the police have submitted final form against the petitioner. The petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur in connection with Shahpur P.S. Case No.208 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T