Ranjit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75956 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- PALASI District- Araria ====================================================== Ranjit Kumar Sah Son of Mahabir Sah Resident of village- Maldwar ward no 10, Police station- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Palasi PS Case No. 274 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 20(b)(ii)(c), 22(b) of the NDPS Act. 3.

The prosecution case, in short, is that 5.1 liters nepali liquor was recovered from the house of one Ranjit Yadav. It is also alleged that there is recovery of 4.8 litres of codeine syrup from the house of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.75956 of 2024(2) dt.23-10-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovered contraband falls within the ambit of small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 27-082024 and has got four criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi PS Case No. 274 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T