Patna High CourtCR. MISC./75170/2023bail granted

Ranjeet Kumar @ Sonu Kumar v. The State Of Bihar

2023-11-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75170 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- DEV District- Aurangabad ====================================================== Ranjeet Kumar @ Sonu Kumar S/O Birja Yadav @ Biraj Yadav R/O VillagePritam Bigha, P.S- Deo, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Ajit Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Aman Vishal, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Deo P.S.Case No.234 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.

3. Prosecution story in short is that the police seized 15 ltrs. country-made mahua liquor from bushes, kept 30 mtr. far away from the house of the petitioner. Petitioner is named in the FIR.

4. Learned counsel appearing on behalf of the petitioner submits that the seized liquor does not belong to the petitioner and it has been seized from the open place, which is

Patna High Court CR. MISC. No.75170 of 2023(2) dt.29-11-2023 2/2 accessible to every passerby. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation of recovery of 15 ltr. country-made mahua liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of Special Judge, Excise court no.01, Aurangabad in connection with Deo P.S.Case No.234 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U