Patna High CourtCR. MISC./4865/2024bail granted

Ravi Kumar v. The State Of Bihar

2024-07-08Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4865 of 2024 Arising Out of PS. Case No.-465 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Ravi Kumar S/O RAJENDRA YADAV @ RAJO YADAV VILLAGEMESAURHA, PS. SIKANDRA, DIST. JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. It is alleged that in huge quantity, i.e. 3520 litres of cough syrup was recovered from truck of the petitioner.

4. Learned Senior Counsel appearing for the petitioner has submitted that cough syrup is a medicine and not a contraband. His further submission is that the petitioner is merely a truck driver and the consignment was loaded on his truck informing that it was medicine. He has further submitted that the FIR itself shows that the petitioner is neither the owner

Patna High Court CR. MISC. No.4865 of 2024(5) dt.08-07-2024 2/2 of consignment nor he is consignee of the loaded cough syrup. He is a person of clean antecedent and he is under incarceration for near about 10 months.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances and also considering the period of incarceration, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Bhagalpur-cum-Additional District Judge-IXth, Bhagalpur in connection with Excise Naugachhiya P.S. Case No. 465 of 2023 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner. (Nawneet Kumar Pandey, J) A.K.V.//- U T