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Patna High CourtCR. MISC./68706/2024disposed

Ranjeet Kumar v. The State Of Bihar

2025-04-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68706 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ranjeet Kumar Son of Late Suresh Singh Resident of Village- Sikariya, PO - Gangachak, P.S.-Masaurhi, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 360 litres of liquor from different vehicles as detailed in the FIR.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that name of the petitioner transpired based on the confessional statement of apprehended accused in police custody which does

Patna High Court CR. MISC. No.68706 of 2024(3) dt.09-04-2025 2/3 not have any evidentiary value in the eye of law. It is next submitted that the police investigate in a mechanical manner and implicate without holding a proper investigation of the case. It is also submitted that the police implicate either based on the confessional information or secret information at the instance of the Chawkidar etc. It is further submitted at the cost of repetition that petitioner is a person with clean antecedent and is a businessman.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Musri Gharari P.S. Case No. 207 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if

Patna High Court CR. MISC. No.68706 of 2024(3) dt.09-04-2025 3/3 it is found that petitioner has antecedent of even one case in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T