Ranjeet Kumar Ray @ Ranjit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85703 of 2024 Arising Out of PS. Case No.-2461 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Ranjeet Kumar Ray @ Ranjit Kumar Ray S/O Late Vijay Ray @ Late Vijay Kumar Ray R/o - Village-Sonepur Phleza, P.S- - Sonepur, District - Saran, (Chapra), Bihar.

2.

Sonu Kumar S/O Nand Kishor Ray R/O Village- Sabalpur, Newal tola, P.SSonepur, Distt.- Saran (Chapra) (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise Patna PS Case No. 2461 of 2024 instituted for the offences under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 259.200 litres of foreign liquor was recovered from two Pick-up Vans. 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

Patna High Court CR. MISC. No.85703 of 2024(2) dt.17-12-2024 2/2 have got no concern with the alleged recovery of liquor. It is submitted that petitioners are neither owner nor the driver of the said vehicle. The petitioners are in custody since 21.10.2024 and has got no criminal antecedent. 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 11.12.2024 in Cr. Misc. No. 84541 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 Excise Patna PS Case No. 2461 of 2024.

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