Ranjeet Singh @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50777 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Ranjeet Singh @ Ranjeet Kumar Son of Ramayan Singh @ Ramayan Ray Resident of Village - Daleya, P.S.- Kuchaikote, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Jadopur P.S. Case No. 52 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act-2016.

Three named accused persons are said to have been unloading the liquor from a truck. Out of them one co-accused, namely, Karan Singh was apprehended while other two accused persons managed to escape seeing the police party. Said apprehended accused disclosed the name of the petitioner as his one of the fleeing accomplices and 192 lts. of foreign liquor was seized from the place of occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.50777 of 2019(3) dt.16-11-2019 2/2 physical possession of the petitioner. Petitioner has no concern either with the seized liquor or with the vehicle in question or with any trade of liquor. There is nothing on record indicating complicity of the petitioner in the occurrence barring confessional statement of apprehended accused Karan Singh due to animosity, which has no evidentiary value in the eye of law, hence, no offence under Excise Act is made out against the petitioner. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-II-cum-Special Judge (Excise), Gopalganj in connection with Jadopur P.S. Case No. 52 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T