Dinanath Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64150 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== DINANATH PATEL SON OF SATTANAND PATEL RESIDENT OF VILLAGE - THUMMA, POLICE STATION - RUNNISAIDPUR, DISTRICT - SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Runnisaidpur PS Case No. 183 of 2023 dated 05.04.2023 registered under Section 30(a), 32, 38, 41 of the Bihar Prohibition and Excise Act 2018.
3. As per the First Information Report on 05-04-2023 when the Police party reached in front of the house of Ranjit Rai @ Ranjit Patel, upon seeing the Police party Ranjit Rai @ Ranjit Patel standing near his house started fleeing away and from the house of the neighbour of Ranjit Rai @ Ranjit Patel namely, Ajay Mahto five persons came out and they also started fleeing away. The Police arrested Ranjit Rai @ Ranjit Patel however other accused persons succeeded in fleeing away.
Patna High Court CR. MISC. No.64150 of 2023(2) dt.19-10-2023 2/3 Police recovered 500.19 liters of illicit liquor kept in the Siwft Dzire and motorcycle in the house of Ajay Mahto.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested accused person Ranjit Rai @ Ranjit Patel. The motorcycle and Swift Dzire Car from where illicit liquor has been recovered do not belong to the petitioner. The petitioner is having no criminal antecedent. No illicit liquor has been recovered from the conscious possession and / or vehicle and / or premises belonging to the petitioner.
5. Regard being had to the submission made by the parties, taking into consideration the fact petitioner is not having any criminal antecedent, illicit liquor has not been recovered form conscious possession and / or vehicle and / or premises belonging to the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-I, Sitamarhi in connection with
Patna High Court CR. MISC. No.64150 of 2023(2) dt.19-10-2023 3/3 Runnisaidpur PS Case No. 183 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T