Ranjan Kumar @ Manoranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72423 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Ranjan Kumar @ Manoranjan Kumar S/O Naresh Yadav R/O VillageMalaudha, Ps. Basnahi, Dist. Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) and 41of the Bihar Prohibition and Excise Act, 2022.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather five liters of country made liquor is said to have been recovered from the motorcycle. Petitioner has no concern either with the seized liquor or the motorcycle of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. One person was apprehended who disclosed the name of the petitioner. He has been falsely
Patna High Court CR. MISC. No.72423 of 2023(2) dt.30-11-2023 2/3 implicated in this case at the instance of his enemy by planting the aforesaid recovery. Petitioner was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Basnahi P.S. Case No. 161 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,
Patna High Court CR. MISC. No.72423 of 2023(2) dt.30-11-2023 3/3 subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) annpurna/- U T