Ranjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68697 of 2022 Arising Out of PS. Case No.-618 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== RANJAY KUMAR, S/o Banai Sahani, R/o Village- Chailaha Kothi, Ward no. 4, P.S.- Banjaria, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Excise Motihari P.S. Case No. 618 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

100 litres illicit liquor has been recovered when the Police intercepted a motorcycle wherein two persons were riding with a sack in between. One of them has fled away whereas the petitioner has allegedly been apprehended.

Learned counsel for the petitioner submits that it is a case of false implication. The petitioner was actually on a morning walk when he has been detained and apprehended by the Police on suspicion only. He has no concern with the motorcycle. Having no antecedents, he is in custody since 16.08.2022. Moreover, investigation is also complete. Recovery is denied and disputed and

Patna High Court CR. MISC. No.68697 of 2022(2) dt.10-02-2023 2/2 is stated to be not in accordance with law.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of petitioner's implication, period of custody and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 learned Special Judge, Excise Court No.2, East Champaran at Motihari, in connection with Excise Mothiari P. S. Case No. 618 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T