Ranjit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52872 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Ranjit Kumar Rai, S/o. Ashok Rai @ Ashok Kumar Roy, R/o. Rajapur (Sankar Asthan), P.S.- Srikrishnapuri, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samir Kumar Bharti For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

140 litres of toddy is said to have been recovered from the tempo of the petitioner and petitioner was apprehended while another accused, namely, Kara Chaudhary managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized toddy. He happens to driver of the said tempo and

Patna High Court Cr.Misc. No.52872 of 2018 (2) dt.28-08-2018 2/2 was plying it without knowledge of keeping of the toddy in jerkins by its commuter, namely Kara Chaudhary who managed to escape leaving toddy in the tempo seeing the personnel of Excise Department. He has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 12.07.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Sri Krishnapuri P.S.- P.R. Case No. 100 of 2018, Special Case No. 6377 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T