Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3116 of 2022 Arising Out of PS. Case No.-501 Year-2021 Thana- BHORE District- Gopalganj ====================================================== RAVI KUMAR S/o- Anirudh Sah Resident of Village- Ramnagar, P.S.- Bhorey, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhorey P.S. Case No. 501 of 2021 registered for the offences punishable under Section 414 of the IPC and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per prosecution case, 48.40 litre country made wine has been recovered from the Pulsar motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 19.11.2021 and bears criminal antecedent of one case in which he is on bail. He further submits

Patna High Court CR. MISC. No.3116 of 2022(2) dt.15-06-2022 2/3 that petitioner is innocent and has committed no offence and he has falsely been implicated in this case by the police at the instance of his enemies.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise, Gopalganj in connection with Bhorey P.S. Case No. 501 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.3116 of 2022(2) dt.15-06-2022 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T