Raju Ranjan @ Raju Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78407 of 2019 Arising Out of PS. Case No.-739 Year-2019 Thana- MADHAURAH District- Saran ====================================================== 1.

Raju Ranjan @ Raju Ranjan Kumar, Son of Sita Ram Manjhi, Resident of Village-Dhenuki, P.S-Marhowrah, District-Saran. 2.

Ravi Ranjan @ Ravi Ranjan Kumar, Son of Sita Ram Manjhi, Resident of Village-Dhenuki, P.S-Marhowrah, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Marhowrah P.S. Case No. 739 of 2019 registered for the offences punishable under sections 30/30(a) of the Bihar Prohibition and Excise Act.

As per the allegation in the FIR, in the late night, 600 litres of spirit is said to have been recovered from a government orchard. It is further stated that two persons managed to escape and subsequently on secret information it transpired that the two persons were the petitioners herein.

It is submitted by the learned counsel for the petitioners

Patna High Court CR. MISC. No.78407 of 2019(2) dt.03-12-2019 2/2 that they have been falsely implicated in this case. They had neither any connection with the recovered article nor the land belong to them which would be evident from the seizure list which clearly states that the place of recovery is the government orchard. It is further submitted that contrary to the records as evident from the seizure list, the learned court below has erroneously stated that the spot belongs to these petitioners. It is further submitted that petitioners have no criminal antecedent.

In view of the facts and circumstances stated hereinabove, the petitioners, above named, are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender within six weeks, they shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like each amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, Chapra, in connection with Marhowrah P.S. Case No. 739 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Partha Sarthy, J) khushbu/- U T