Kumar Rajeev Ranjan @ Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58637 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Kumar Rajeev Ranjan @ Rajeev Ranjan S/o Sri Vishnu Dayal Rai, R/o Village- Gyaspur Mahaji, P.S- Salimpur, P.O- Kaladiara, Distt.- Patna. 2.

Chandan Kumar @ Chandan Rai S/o Sri Suresh Rai, R/o Village- Gyaspur Mahaji, P.S- Salimpur, P.O- Kaladiara, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Phulwariya P.S. Case No. 262 of 2023 dated 23.07.2023, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the total recovery of 490.44 liters of foreign liquor is the subject matter of present case.

4. Learned counsel for the petitioners submits that petitioners are innocent and have not committed any offence. He further submits that nothing was recovered from their

Patna High Court CR. MISC. No.58637 of 2023(2) dt.13-09-2023 2/2 possession which is apparent from the seizure list. He also submits that petitioners have not been apprehended from the place of occurrence, rather their names have been figured in this case by virtue of confessional statement of the co-accused. Learned counsel submits that the antecedent of petitioners are clean.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances, 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 bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Excise Court No.1, Gopalganj, in connection with Phulwariya P. S. Case No.262 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ritik/- U T