Vibhuti Kumar Ranjan @ Bibhuti Kumar Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75198 of 2024 Arising Out of PS. Case No.-443 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Vibhuti Kumar Ranjan @ Bibhuti Kumar Ranjan S/o- Ravindra Thakur Village- Nawalpur Mishrauliya Ps- Sakra. District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 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 u/s 30 (a) of Bihar Prohibition and Excise Act.
3. Altogether 34.560 liters of foreign liquor is said to have been recovered from the husk house of the petitioner and it is alleged that petitioner fled away on seeing the police.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor.
Patna High Court CR. MISC. No.75198 of 2024(2) dt.11-11-2024 2/3 He was not apprehended on the spot and his name transpired in the case on the disclosure of local chowkidar. The place of recovery i.e. husk house, though belongs to the petitioner, but from bare perusal of the F.I.R., it is evident that the same is situated outside the house of the petitioner and is a lonely place, accessible for any one. Petitioner has three criminal antecedent, out of which, two are in similar nature of offence.
5. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
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 Sakra P.S. Case No.443 of 2024, subject to the condition as laid down under Section 482 of the BNSS, with the following conditions:
Patna High Court CR. MISC. No.75198 of 2024(2) dt.11-11-2024 3/3 (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) pallavi/- U T