Patna High CourtCR. MISC./944/2024bail granted

Ranjay Choudhari @ Ranjay Kumar v. The State Of Bihar

2024-01-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.944 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Ranjay Choudhari @ Ranjay Kumar Son of Prayag Choudhary R/o vill - Dighout, P.S. - Sikandra, Distt. - jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra, Advocate.

For the Opposite Party/s:

Mr.Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Sanjay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sikandra P.S. Case No. 343 of 2023 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of 5 litres of country made mahua liquor from a gallon.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case by the chaukidar due to enmity. He has no concern either with the seized liquor or trade of liquor in

Patna High Court CR. MISC. No.944 of 2024(2) dt.24-01-2024 2/3 any manner. Nothing has been recovered from conscious possession of the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officers of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation against the petitioner and the alleged recovery of mahua liquor, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Presiding Officer / Special Judge, Exclusive, Excise Court-I, Jamui in connection with Sikandra P.S. Case No. 343 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.944 of 2024(2) dt.24-01-2024 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) mantreshwar/- U T