Ranjeet Kumar Rai @ Ranjit Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32625 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Ranjeet Kumar Rai @ Ranjit Rai, Son of Parmeshwar Rai, Resident of Village- Mahathi, P.S.- Ujiarpur, Distt.- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1), 38(2) and 47 of the Bihar Prohibition and Excise Act, 2016.
1320 litres of foreign liquor is said to have been recovered from the Tata 407 and its driver namely Md. Imteyaz was apprehended while one of its occupants namely Hemant managed to escape. The said Imteyaz disclosed the name of the petitioner as owner of the said liquor.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.32625 of 2018 (3) dt.18-06-2018 2/2 conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case by Md. Imteyaz due to animosity. He was not apprehended on the spot. Though two more cases under Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 12.03.2018. Said Md. Imteyaz has been enlarged on bail by a co-ordinate bench of this court vide order dated 05.06.2018 passed in Cr. Misc. No. 33592 of 2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Ujiarpur P.S. Case No. 33 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T