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2025 DAILYLAW 8804 (PAT)

Ranjeet Kumar v. The State of Bihar

CR. MISC./2503/2025 · 2025-02-12

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2503 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Ranjeet Kumar Son of Arjun yadav Resident of Village - Bagulaha Ward No.02, Police Station - Raniganj, District - Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 12-02-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Raniganj PS case no. 514 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. 3. The prosecution story, in nutshell, is that police recovered 20.250 liters of illicit English wine from the house of the petitioner and accordingly, seizure list was prepared. 4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and has not committed any offence in the manner alleged. He further submits that illicit liquor has not been recovered from the conscious possession of the petitioner neither the petitioner has Patna High Court CR. MISC. No.2503 of 2025(2) dt.12-02-2025 2/2 been caught from the spot. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the illicit English wine has been recovered from the house of the petitioner. Accordingly, a prima facie case is made out against the petitioner under Section 30(a) of the Act, as such, in view of the Full Bench judgment of this Court, in Criminal Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail. 6. This application is, accordingly, dismissed. 7. However, if the petitioner surrenders and seeks regular bail, the concerned court may decide the same on merits, on the same day, without being prejudiced by the rejection of the present anticipatory bail application by this Court. rinkee/- (Anil Kumar Sinha, J) U T