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Patna High CourtCR. MISC./54460/2023allowed

Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54460 of 2023 Arising Out of PS. Case No.-740 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ranjeet Kumar @ Ranjeet Prasad Son Of Mahendra Prasad Resident Of Village - Dharhara, Churchuru, P.S. - Barkatta, District - Hazaribagh (jharkhand) ... ... Petitioner/S

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54503 of 2023 Arising Out of PS. Case No.-740 Year-2021 Thana- NAWADA District- Nawada ====================================================== Kartik Kumar @ Kartik Chaudhary Son Of Shiv Chaudhary Resident Of Village Aamipur Po And Ps Muffasil Nawada District Nawada ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54460 of 2023) For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Asha Kumari (In CRIMINAL MISCELLANEOUS No. 54503 of 2023) For the Petitioner/s :

Mr.Vikas Ratan Bharti For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 33, 34 36, Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.54460 of 2023(2) dt.28-08-2023 2/3 As per prosecution case, the brother of the informant and maternal uncle celebrated Holi, in the evening, maternal uncle died and when his brother returned after cremation and having taken meal started vomiting and died, thereafter U.D. case has been registered and converted into FIR.

Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioners are not named in the FIR and nothing incriminating article have been recovered from their conscious possession. It is further submitted that the petitioners are behind bar when the occurrence happened. Moreover, they are remanded in this case from another case and they have been languishing in judicial custody since 07.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well

Patna High Court CR. MISC. No.54460 of 2023(2) dt.28-08-2023 3/3 as custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Nawada Town P.S. Case No. 740 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Nawada. (Sunil Kumar Panwar, J) Manishkumar/- U T