Ranjan Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82101 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.
Ranjan Kumar Ray Son of Harendra Ray Resident of Village -Ganiyari Police Station -Bariyarpur and District- Muzaffarpur 2.
Akshya Kumar Srivastava son of Vijay Shrivastav R/o Village- Bela, Ward no. 49, Ps- Bela, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Excise Sadar (Ara) P.S. Case No. 228 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 880.560 liters liquor was recovered from truck and both the petitioners were apprehended on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.82101 of 2024(2) dt.03-12-2024 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are driver and co-driver of the truck in question and they have got no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 22.10.2024 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Sadar (Ara) P.S. Case No. 228 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 fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.82101 of 2024(2) dt.03-12-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Rajorshi/- U T