Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71534 of 2023 Arising Out of PS. Case No.-384 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ranjeet Kumar @ Ranjeet Prasad Son Of Mahendra Prasad Village Dharhara, Jhurjhuri, P.S. Barkatta, Dist. Hazaribagh, Jharkhand ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 33, 34, 36 and 44 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, it is alleged that on a confidential information that some persons are engaged in manufacturing and selling spurious hooch, conducted raid and in course of such raid 15 liters of illicit liquor with empty polythene was recovered from the house of co-accused Manti Devi. It is further alleged that on account of consumption of spurious liquor, several persons fell ill and one of them died.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.71534 of 2023(3) dt.30-01-2024 2/3 been falsely implicated in this case due to his criminal antecedents. Petitioner is not named in the FIR. During investigation, the name of the petitioner has been transpired in this case on the basis of confessional statement of co-accused Arvind Yadav, which has got no evidentiary value in the eye of law. Merely confession nothing has come against the petitioner. Nothing has been recovered from his conscious possession. It is further submitted that as per Annexure-2 of the petition, the petitioner at the alleged date and time of occurrence was behind bar in Amba P.S. Case No. 34 of 2021. The other co-accused namely, Bipin Kumar @ Kamlesh Kumar has already been granted bail by this Bench vide order dated 23.01.2024 passed in Cr. Misc. No. 78485 of 2023. Moreover, the petitioner is languishing in judicial custody since 24.11.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71534 of 2023(3) dt.30-01-2024 3/3 satisfaction of the learned Court of Exclusive Special Excise Judge-1st, Nawada in connection with Nawada Town P.S. Case No. 384 of 2021.
(Sunil Kumar Panwar, J) lata/- U T