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Patna High CourtCR. MISC./83491/2023allowed

Ranjeet Kumar Yadav v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83491 of 2023 Arising Out of PS. Case No.-379 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Ranjeet Kumar Yadav S/O Vishwnath Rai Resident Of Village- Dumriya PsMuffasil (CHHAPRA), Distt - Chapra (SARAN) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 67.320 litres of illicit liquor from a Tempo bearing Reg. No. BR29L-9263. Petitioner is alleged to be apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.83491 of 2023(2) dt.05-01-2024 2/3 from the conscious possession of the petitioner. He has no concern in any manner from the alleged recovered illicit liquor. Moreover, the petitioner is languishing in judicial custody since 25.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing for State vehemently opposed the prayer of bail and submitted that petitioner was driving the aforesaid Tempo and apprehended on spot.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge II-cum-Special Judge Excise Court No. I, Gopalganj in connection with Phulwariya P.S. Case No.

Patna High Court CR. MISC. No.83491 of 2023(2) dt.05-01-2024 3/3 379 of 2023.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T