Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8926 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== RAVI KUMAR Son of Mosafir Patel Resident of Village- Bhelwa, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 of the IPC and 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act.

3. Altogether 210.960 litres of foreign liquor is said to have been recovered from a bamboo orchard and the local chaukidar disclosed the name of petitioner and others who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of disclosure of local chaukidar. Petitioner

Patna High Court CR. MISC. No.8926 of 2023(2) dt.18-04-2023 2/3 has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or the place of recovery. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application and similarly situated co-accused namely Pradeep Kumar and Vikash Kumar have been enlarged on anticipatory bail by a common order dated 20.01.2023 passed in Cr. Misc. No.789 of 2023 and Cr. Misc. No.1887 of 2023.

5. Petitioner is agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Madhuban P.S. Case No.383 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,

Patna High Court CR. MISC. No.8926 of 2023(2) dt.18-04-2023 3/3 as also the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.

(Anjani Kumar Sharan, J) shikha/- U T