Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3550 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RAVI KUMAR Son of Ramuday Sahni Resident of Village - Sanathi, P.s.- Bochahan, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Bochahan PS Case No. 309/2021 registered for the offence punishable under Sections 272/273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

As per First Information Report, the police on the basis of confidential information that some accused persons are manufacturing illicit liquor near bank of Baghmati river proceeded towards the place of occurrence and upon seeing the police party, petitioner along with other accused persons tried to flee away. However, the petitioner was arrested from the place of occurrence and 20 litres of illicit liquor has been recovered

Patna High Court CR. MISC. No.3550 of 2022(2) dt.25-05-2022 2/3 along with 200 litres of fermented Mahua wine from the bank of river.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him inasmuch the same has been recovered from an open space i.e., bank of Baghmati river which is accessible to all and sundry.

Learned counsel for the petitioner next submits the petitioner having no criminal antecedent is in custody since 17.11.2021 and there is not likelihood that the trial will be concluded in near future.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him, petitioner having no criminal antecedent is in custody since 17.11.2021 and there is no likelihood that the trial will be concluded in near future, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.3550 of 2022(2) dt.25-05-2022 3/3 Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Bochahan PS Case No. 309/2021. (Anil Kumar Sinha, J) perwez U T