Ranjan Kumar @ Ujjwal Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.601 of 2022 Arising Out of PS. Case No.-57 Year-2019 Thana- HATHAURI District- Samastipur ====================================================== RANJAN KUMAR @ UJJWAL KUMAR ROY SON OF ARUN KUMAR ROY R/O VILLAGE- BANDA, P.S.- HATHAURI, (SHIVAJEE NAGAR O.P.), DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Hathauri (Shivajee Nagar O.P.) Police Station Case No. 57 of 2019, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that the accused persons were unloading huge quantity of liquor from a truck, proceeded towards the place of occurrence and on seeing the police, the accused persons, 12 in number, succeeded in fleeing away and the police recovered 4207 litres of illicit liquor from the mango orchard.

Patna High Court CR. MISC. No.601 of 2022(2) dt.25-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. He further submits that the name of the petitioner has transpired on the basis of secret information received by the police. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 27.08.2021, having no criminal antecedent and charge sheet has already been submitted against them and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 27.08.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.601 of 2022(2) dt.25-05-2022 3/3 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Samastipur, in connection with Hathauri (Shivajee Nagar O.P.) Police Station Case No. 57 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √