Patna High CourtCR. MISC./75119/2024bail granted

Ranjit Kumar @ Ranjeet Kumar v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75119 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Ranjit Kumar @ Ranjeet Kumar S/o Chandeshwar Prasad Singh R/o vill - Pegembarpur Gorigama, P.S. - Goraul, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kahkashan Alam, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 285 of 2024 instituted for the offences under Section 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, the police has recovered total 77.625 litres of illicit liquor from the bathan of the coaccused Rahul Kumar. The allegation againste the petitioner is of being involved in the trade of illicit Indian made foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.75119 of 2024(2) dt.25-10-2024 2/3 against him and has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of the confessional statement of the co-accused Rahul Kumar and except this, nothing corroborative piece of evidence has been collected by the police against the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent.

5. Learned counsel for the petitioner again submits that the co-accused namely Dinesh Mahto has been granted anticipatory bail by this Court vide order dated 01.10.2024 passed in Cr. Misc. No. 66236 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner and the petitioner having no criminal antecedent, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within

Patna High Court CR. MISC. No.75119 of 2024(2) dt.25-10-2024 3/3 a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goraul P.S. Case No. 285 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T