Prabhakar Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57148 of 2023 Arising Out of PS. Case No.-1305 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.
PRABHAKAR RANJAN Son of Surendra Kumar Mishra R/o vill - Gaushala Road, P.S. - Mushari, Distt. - Muzaffarpur 2.
Mukul Singh @ Mukul Kumar Son of Yugal Kishor Singh R/o vill - Kishunpur Madhuban, P.S. - Kurhani, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. It is submitted by the learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 994.680 liters of foreign liquor is said to have been recovered from the two different place and vehicle. Two persons were apprehended from the spot who disclosed the name of the petitioners. Petitioner has no concern either with the seized
Patna High Court CR. MISC. No.57148 of 2023(2) dt.11-10-2023 2/3 liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as stated in para-3 of the bail application.
4. Petitioners are agreed to deposit a sum of Rs. 10,000 (Rupees Ten Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Excise Case No. 1305 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. subject to the further conditions that (i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and / or their wife. (ii) The petitioners shall not indulge themselves in any
Patna High Court CR. MISC. No.57148 of 2023(2) dt.11-10-2023 3/3 similar offence till conclusion of the trial.
6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) saurabhkr/- U T