Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65795 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== RANJAN KUMAR (Male), aged about 23 years, Son of Krishna Nandan Singh @ Krishnandan Singh, Resident of Village - Rampur Bakhra, P.S.- Bhagwanpur, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Chandra Gandhi, Advocate.

For the Opposite Party :

Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on secret information, the informant caught the petitioner and recovered 30.750 liters wine from beneath the lemon tree, one country made rifle, 4 live cartridges, 6 spent cartridges and 4 live cartridge of 12 bore gun. Upon enquiry, no valid paper could be produced by the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.65795 of 2019(2) dt.17-10-2019 2/2 petitioner that the petitioner is languishing in custody since 08.07.2019. Charge sheet/prosecution report has been submitted in the present case. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 30.750 liters wine is recovered from beneath the lemon tree and one country made rifle, 4 live cartridges, 6 used cartridges and 4 live cartridge of 12 bore gun were also recovered. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 164 of 2019. U.K./- (Sudhir Singh, J) U T