Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56534 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Ranjeet Kumar S/o Late Kishori Prasad R/o Raghunath Singh, Pustakalaya Lane, Lohanipur, P.O. and P.s .- Kadamkuan, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shweta Anand, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Buddha Colony P.S. Case No.216 of 2023.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 9.72 liters of liquor from a place near Hanuman Temple.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.56534 of 2024(2) dt.09-08-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on disclosure made by the local people, but then it is submitted police in majority of the cases implicates either at the instance of the Chowkidar or local person in a mechanical manner without holding proper investigation, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State opposes the anticipatory 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. 500 /- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Buddha Colony P.S. Case No.216 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before

Patna High Court CR. MISC. No.56534 of 2024(2) dt.09-08-2024 3/3 accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T