Ravindra Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21626 of 2024 Arising Out of PS. Case No.-55 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== Ravindra Kumar Pandey Son of Brijkishor Pandey Resident of VillageRaghunathpur, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the State :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2024 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Kanhiya Kishor, learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 55 of 2021, FIR dated 26.02.2021 registered for the offence under Sections 30(a), 32, 33, 34, 36, 41(1) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of altogether 600 litres of sprit.
4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case on the basis of the disclosure made by the local chaukidar. He further submits that from a bare perusal of the FIR it appears that nothing has been recovered from the conscious possession of the petitioner rather recovery is made from a truck and pickup
Patna High Court CR. MISC. No.21626 of 2024(3) dt.19-04-2024 2/3 van. He further submits that petitioner is neither the owner or the driver of the aforesaid vehicles and he has no concern at all with the alleged recovery. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.11.2023.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, 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 Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Paharpur P.S. Case No. 55 of 2021 with the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below. (ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.21626 of 2024(3) dt.19-04-2024 3/3 for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T