Ravi Kumar @ Ravi Raj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13806 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ravi Kumar @ Ravi Raj Paswan S/O Chitranjan Paswan R/O VillageGheura, P.S- Risiup, District- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 14.01.2023 in connection with Aurangabad (Town) P.S. Case No. 37 of 2023, F.I.R. dated 12.01.2023 for the offences punishable under Sections 420, 413, 414, 468 and 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 9.7 liters of country made liquor. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13806 of 2023(2) dt.03-05-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the motorcycle in question. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the motorcycle in question. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.01.2023.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, 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 the learned Special Judge, Excise 1st, Aurangabad, Bihar in connection with Aurangabad (Town) P.S. Case No. 37 of 2023, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.13806 of 2023(2) dt.03-05-2023 3/3 as directed by the court 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.

3. 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) Vanisha/- U T