Ranjit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81215 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

Ranjit Sah S/O Gauri Sah Resident of Village- Punaura, Ward No. 17, P.SPunaura, District- Sitamarhi. 2.

Sanjeev Kumar @ Bhutta @ Sanjeev Sah S/O Gauri Sah Resident of Village- Punaura, Ward No. 17, P.S- Punaura, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Punaura PS Case No. 213 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 210 litres of liquor was recovered from the house of co-accused Anil Sah.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.81215 of 2024(3) dt.24-01-2025 2/3 submitted that apprehended co-accused persons disclosed the name of the petitioners. It is further submitted that recovery is made from different places which is an open place and accessible to one and all. The petitioners are in custody since 08.10.2024 and has got ten criminal antecedents. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 16.12.2024 in Cr. Misc. No. 85091 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Punaura PS Case No. 213 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date

Patna High Court CR. MISC. No.81215 of 2024(3) dt.24-01-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T