Ravinder Rai @ Ravinder Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10840 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== RAVINDER RAI @ RAVINDER KUMAR S/O SRI VASU RAI R/v- Daud Nagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1), 32(3) of the Bihar Excise Prohibition (Amendment) Act, 2018. Altogether, 573.120 litres foreign liquor has been recovered near the bank of Daudnagar River. Petitioner is said to have indulged in illegal trade of liquor. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather the alleged illicit liquor is said to have been recovered from an open place.

Patna High Court CR. MISC. No.10840 of 2023(2) dt.25-04-2023 2/3 Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of suspicion. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Vaishali Excise P.S. Case No. 265 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,

Patna High Court CR. MISC. No.10840 of 2023(2) dt.25-04-2023 3/3 subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee, Patna.

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