Ranjit Rai @ Ranjit Kumar Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79161 of 2024 Arising Out of PS. Case No.-244 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Ranjit Rai @ Ranjit Kumar Ranjan S/O Dilip Rai @ Dilip Kumar Rai R/O Village- Muktapur, P.S- Kalyanpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 30(a), 41(i) of Bihar Excise Prohibition Act.
3. It is a case of recovery of 2013.12 litres of illicit liquor from three vehicles (truck bearing Reg. No. WB-23D2573, Bolero bearing Reg. No. BR-33M-6721 and pickup bearing Reg. No. BR-33GA-3696).
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner is apprehended on spot nor anything incriminating has been recovered from
Patna High Court CR. MISC. No.79161 of 2024(4) dt.31-01-2025 2/3 his conscious possession. He has no concern either with seized liquor or with the place or vehicle in question. No proper procedure of search and seizure has been followed as there is no independent witness of the alleged seizure. His name sprung up in this case merely on the basis of secret information. Similarly situated several co-accused persons have been granted bail by this Court.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kalyanpur P.S. Case no. 244 of 2024, he will be enlarged on 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 excise Judge, Court I, Samastipur, subject to the conditions as laid down under section 438(2) of the
Patna High Court CR. MISC. No.79161 of 2024(4) dt.31-01-2025 3/3 Cr.P.C, with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court. (iii) if the petitioner tamper with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(S. B. Pd. Singh, J) Nirajkrs/- U T