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Patna High CourtCR. MISC./57202/2024allowed

Ranjeet Nishad v. The State Of Bihar

2024-09-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57202 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- MARANCHI District- Patna ====================================================== 1.

Ranjeet Nishad Son of Dasrath Nishad @ Khiran Nishad, Resident of Village - Sitapur Kasha Diyara, P.S. - Maranchi, District - Patna 2.

Pawan Mahto @ Pawan Kumar Son of Mangal Mahto, Resident of Village - Sitarampur, P.S. - Matihani, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Maranchi P.S. Case No.39 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. On secret information when the police reached near a pond in village Sitapur, P.S. Maranchi and made search, 90 litres country made liquor was recovered from there. Petitioners are alleged to have fled away on seeing the police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to village politics. Except suspicion, there is no

Patna High Court CR. MISC. No.57202 of 2024(2) dt.04-09-2024 2/2 material against the petitioners. Petitioners have no concern with the seized liquor. The recovery of liquor was made from open place, which does not belong to the petitioners. The petitioners have no criminal antecedent and they undertake 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 petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Barh, Patna in connection with Maranchi P.S. Case No.39 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