Ranjit Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62465 of 2018 Arising Out of PS.Case No. -309 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Ranjit Kumar @ Ranjan Kumar, Son of Rameshwar Das, Resident of Village- Chandan Patti, Ward No.5, Police Station- Sakra, DistrictMuzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ravi Nandan and Mr. Rajiv Ranjan, Advocates.

For the Opposite Party : Mr. Md. Ansarul Haque, A.P.P. 159. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the IPC, 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 2860.560 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 2860.560 liters wine is recovered from

Patna High Court Cr.Misc. No.62465 of 2018 (2) dt.09-10-2018 2/2 open field situated at back of the School. The name of the petitioner has come on the basis of disclosure made by co-accused Pankaj Kumar Mishra, Suresh Kumar and Chandan Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Sakra P.S. Case No. 309 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T