Ranjeet Yadav @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72325 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

RANJEET YADAV @ RANJEET KUMAR, Male, aged about 30 years, S/o Raj Kishore Yadav, R/v- Masard Tola East, P.S.- Udwantnagar (Gajrajganj), District- Bhojpur.

2.

RAJU YADAV @ RAJU KUMAR, Male, aged about 25 years, S/o Raj Kishore Yadav, R/v- Masard Tola East, P.S.- Udwantnagar (Gajrajganj), District- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Udwantnagar (Gajrajganj) P.S. Case No. 304 of 2022 for the offence registered under Section 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 240 liters wine is said to have been recovered from the Motorcycle in question.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.72325 of 2022(2) dt.21-04-2023 2/3 petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 240 liters wine is recovered from the Motorcycle in question. The Motorcycle in question does not belong to the petitioners. The petitioners are named in the F.I.R. The names of the petitioners have transpired in the present case on the basis of disclosure made by the local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners.

The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.72325 of 2022(2) dt.21-04-2023 3/3 petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Bhojpur at Ara, in connection with Udawantnagar (Gajrajganj) P.S. Case No. 304 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T