Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53318 of 2023 Arising Out of PS. Case No.-352 Year-2023 Thana- MANER District- Patna ====================================================== Ranjit Kumar, S/O Dr Dasrath Rai R/O Village- Byapur, Ps. Maner, Dist. Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 68.55 litres of liquor from the cowshed of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is next submitted that no doubt, the cowshed belongs to the petitioner, but then, it is a place outside the house and is accessible to villagers at large. It is further submitted that no

Patna High Court CR. MISC. No.53318 of 2023(2) dt.17-08-2023 2/2 prudent person would use his own premises for committing an illegality and thus, would create evidence against himself and hence, would get implicated. It is also submitted that the cowshed is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the cowshed or the liquor kept in the cowshed was within his knowledge, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Danapur, Patna in connection with Maner P. S. Case No.352 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T