Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17352 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Ravi Shankar Kumar Male, aged about 32 years, S/O Vidyasagar Yadav Resident of Village Usari, P.S Gogri, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Bhushan, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Gogri P.S. Case No. 449 of 2020, G.R. No. 3716 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, 10.407 liters of foreign liquor and 30.800 liters of cough syrup were recovered from the campus of Khadi Bhandar near Registry more and petitioner alongwith other FIR named persons are said to be indulged in sale and purchase of illicit liquor.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the seized liquor/cough syrup. Petitioner claims clean antecedent and he is in custody since 15.12.2020.

Patna High Court CR. MISC. No.17352 of 2021(2) dt.08-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Special Judge, Excise, Khagaria in connection with Gogri P.S. Case No. 449 of 2020, G.R. No. 3716 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T