Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29623 of 2018 Arising Out of PS.Case No. -264 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Ranjeet Kumar S/o Sri Ravi Nandan Prasad, R/o Vill.- Daulatpur, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

1000 liters of country made liquor along with the equipments meant for brewing the liquor is said to have been recovered from the bush adjacent to the railway track in village Daulatpur and petitioner and two other co-accused persons, namely, Paryag Rai @ Paryag Prasad and Yugal Yadav were apprehended while 14 other co-accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no

Patna High Court Cr.Misc. No.29623 of 2018 (04) dt.27-06-2018 - 2 - incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. Similarly situated apprehended accused persons, namely, Paryag Rai @ Paryag Prasad and Yugal Yadav have been enlarged on bail by different coordinate Bench of this Court in Cr. Misc. No.33319 of 2018 and Cr. Misc. No.32250 of 2018 vide order dated 05.06.2018 and 24.05.2018 respectively. He has no criminal antecedent and has been languishing in custody since 16.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Bihta P.S. Case No. 264 of 2018, Special Case No.2421/2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T