Ravindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6492 of 2023 Arising Out of PS. Case No.-4 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Ravindra Rai Son Of Lakshmi Ray R/O Village- Gausnagar, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 420.480 litres of Indian Made Foreign Liquor from a Qualis vehicle bearing Reg. No. DL-3CV-7598.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.6492 of 2023(2) dt.11-04-2023 2/3 has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused persons, namely, Chulhai Ram and Rajiv Ram, before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 16.11.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II & The Court of Exclusive Special Excise Court II, Sitamarhi in

Patna High Court CR. MISC. No.6492 of 2023(2) dt.11-04-2023 3/3 connection with Runnisaidpur Official Case No. C2-04 of 2019.

(Sunil Kumar Panwar, J) nirajkrs/- U T