Raju Tanti @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74329 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.

Raju Tanti @ Ranjan Kumar Son of Rambahadur Tanti @ Rambahadur Tati R/O- Milki, Ward No-01, P.S- Birpur, District- Begusarai 2.

Sanjeeb Tanti @ Sanjeeb Kumar @ Sanjeev Kumar Son of Rambahadur Tanti @ Rambahadur Tati R/O- Milki, Ward No-01, P.S- Birpur, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bipur Police Station Case No. 142 of 2024, disclosing offences under Sections 30(a) of the Bihar Excise Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no. 1 has been arrested, accordingly, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 1.

4. Permission is granted.

5. As per the prosecution story, on 27.07.2024,

Patna High Court CR. MISC. No.74329 of 2024(2) dt.12-11-2024 2/3 informant got secret information regarding involvement of the petitioner in storage of illicit liquor. Upon such information and for the purpose of verification, police party proceeded towards Sahur village and on seeing the police party, two persons fled away throwing away plastic bags. On search, total of 4.5 liters of foreign liquor was recovered from the plastic bags.

6. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of secret information. He next submits that the illicit liquor has been recovered from an open place which is accessible to public at large.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from the place which is open and accessible to public at any point of time, I am inclined to grant the petitioner no. 2 privilege of anticipatory bail.

8. This application is, accordingly, allowed to the extent indicated above.

9. Let the petitioner no. 2, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.74329 of 2024(2) dt.12-11-2024 3/3 learned Exclusive Special Excise Judge-I, Begusarai, in connection with Bipur Police Station Case No. 142 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T