Ranjit Yadav @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89778 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Ranjit Yadav @ Ranjit Kumar Son of Moti Yadav Resident of VillageMangalpur Gudariya, PS- Nautan, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 163 of 2024 dated 30.04.2024 registered under Sections 30 (a), 41(i) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. The prosecution case as per the first information report is that on 30.04.2024 Police personnel on patrolling duty got information that two persons riding a motorcycle was carrying illicit liquor. When the Police party intercepted the motorcycle both persons fled away leaving the motorcycle on the spot. The Choukidar identified the persons as the petitioner Ranjit Yadav @ Ranjit Kumar and other. A total quantity of 12.960 liters of foreign liquor was recovered from the said motorcycle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89778 of 2024(2) dt.22-01-2025 2/3 petitioner has falsely been implicated in the present case on the basis of identification by the local Choukidar. Referring to paragraph no. 7 of the bail application, learned counsel submits that the motorcycle in question is not owned by the petitioner. The illicit liquor has not been recovered from the conscious possession of the petitioner and/or the vehicle belonging to him. Similarly situated co-accused / Ankesh Yadav @ Anjesh Yadav has been granted anticipatory bail by this Court in Cr. Misc. No. 77850 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner is not the owner of the motorcycle, illicit liquor has not been recovered from his conscious possession and/or vehicle belonging to him and similarly situated co-accused has been granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise-I, Bettiah, West Champaran in
Patna High Court CR. MISC. No.89778 of 2024(2) dt.22-01-2025 3/3 connection with Nautan P.S. Case No. 163 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T