Amit Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68062 of 2022 Arising Out of PS. Case No.-381 Year-2022 Thana- PATORI District- Samastipur ====================================================== AMIT RANJAN S/o Asheshwar Ray R/v- Telgama, P.S.- Patori (Mohanpur), District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Advocate For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Patori PS case no. 381 of 2022 instituted for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 475.56 liters of illicit foreign liquor from a pick-up van standing on the road in front of the house of the co-accused person namely Mukesh Sah.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 19.10.2022. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.68062 of 2022(2) dt.08-02-2023 2/3 submitted that the petitioner is accused in one other case but he is on bail in the said case. The learned counsel for the petitioner, by referring to paragraph no. 10 of the present petition, submits that the petitioner is not the owner of the vehicle in question and he has been falsely implicated in the present case merely on suspicion after the local villagers had taken his name and had stated that the petitioner is also engaged in the trade of liquor.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered from the petitioner nor he is the owner of the pick-up van in question nor he has been arrested from the spot, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special

Patna High Court CR. MISC. No.68062 of 2022(2) dt.08-02-2023 3/3 Judge, Exclusive Excise Court-II, Samastipur in connection with Patori PS case no. 381 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T