Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84418 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Ranjit Kumar Son of Jagdish Ram R/O Village- Mirzapur, P.S.- Bochha, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rampur Hari P.S. Case No. 21 of 2023 instituted for the offences punishable under Sections 414, 420, 467, 468, 471, 120B of the Indian Penal Code and 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 681.3 litres of liquor was recovered from pickup van.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.84418 of 2023(3) dt.05-03-2024 2/3 petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. Similarly situated co-accused persons have already been granted bail by the Coordinate Benches of this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 64647 of 2023, vide order dated 09.11.2023 passed in Cr. Misc. No. 73987 of 2023 and vide order dated 11.10.2023 passed in Cr. Misc. No. 64774 of 2023. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 30.09.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.84418 of 2023(3) dt.05-03-2024 3/3 below/concerned Court in connection with Rampur Hari P.S. Case No. 21 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T