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Patna High CourtCR. MISC./75470/2024allowed

Ranjeet Rai @ Ranjeet Kumar Rai @ Rajeet Kumar Rai v. The State Of Bihar

2025-05-12Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75470 of 2024 Arising Out of PS. Case No.-1258 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Ranjeet Rai @ Ranjeet Kumar Rai @ Rajeet Kumar Rai Son of Late Sogarath Rai @ Swarath Rai Resident of Village - Chakki, P.S. - Gaighat, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 1258/2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, informant received secret information that petitioner and other are doing business of illicit liquor at village Chakki. Thereafter, informant alongwith police raiding team reached at the place of occurrence and recovered 157.68 liters foreign liquor from the temporary hut.

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

Patna High Court CR. MISC. No.75470 of 2024(3) dt.12-05-2025 2/3 in the FIR. The petitioner bears no criminal antecedent. The petitioner is not apprehended on the spot and no incriminating article has been recovered from the possession of the petitioner. He further submits that the petitioner is not the owner of the said temporary hut and he has no concern with co-accused Vinod Rai. He further submits that the name of the petitioner has been transpired in this case on the basis of secret information of the informant and the source of information has not been mentioned in the FIR which questions the authenticity of the prosecution story. He further submits that the petitioner has no concern with the seized liquor and the seizure list witnesses are the members of raiding party. In the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioner under the Bihar Prohibition & Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be

Patna High Court CR. MISC. No.75470 of 2024(3) dt.12-05-2025 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-II, Muzaffarpur in connection with Excise P.S. Case No. 1258/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Alok Kumar Pandey, J) amitkumar/- U T