Sashi Ranjan @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88849 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- PUSA District- Samastipur ====================================================== Sashi Ranjan @ Chhotu, Son of Ram Swarup Singh, Resident of Village - Vishnupur Bathua, Post - Vishnupur Bathua, P.S. - Pusa, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Pusa P.S. Case No. 113 of 2024 dated 19.10.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 436.185 litres foreign liquor from Mango orchard, which belongs to one Sanjiv Chaudhary.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has been made accused in this case only on the basis of statement given by local chaukidar. Nothing has been recovered either from

Patna High Court CR. MISC. No.88849 of 2024(2) dt.31-01-2025 2/2 the conscious possession of the petitioner or from his house. The said illicit liquor has been recovered from the Mango orchard which does not belong to the petitioner rather the owner of the said orchard is Sanjiv Chaudhary. It is also submitted that the similarly situated co-accused, namely, Rakesh Mahto has been granted anticipatory bail vide order dated 08.01.2025 passed by this Court in Criminal Miscellaneous No. 89453 of 2024. Lastly, it has been submitted that the petitioner is in custody since 14.11.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-1st Samastipur in connection with Pusa P.S. Case No. 113 of 2024. (Khatim Reza, J) premchand/- U T