Bablu Kumar @ Bablu Ravidas @ Kali Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13328 of 2022 Arising Out of PS. Case No.-500 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== Bablu Kumar @ Bablu Ravidas @ Kali Ravidas S/o Sri Sikandar Ravidas R/o village- Rajendra Ashram, P.S.- Civil Lines, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-07-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Prithivi Raj Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Civil Lines P. S. Case No. 500 of 2021 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition & Excise Act, 2016.
As per the prosecution case, it is alleged that the Police, on a secret information, raided the house of the petitioner. It is also alleged that from an old and damaged house 33 litres country-made English wine has been recovered.
2/4 Learned counsel appearing on behalf of the petitioner submitted that the dismantled house from where the recovery has been shown to be made does not belong to the petitioner but as the petitioner's house is adjacent to the dismantled house, he has been apprehended only on suspicion and his name has been implicated in the present case. It is further submitted that this petitioner is a labourer and is in custody since 26.11.2021 and moreover, there are grave irregularities in preparation of the seizure list. On the other hand, learned APP for the State opposes the bail application and submits that the 33 litres country-made English wine has been recovered from the house of the petitioner. It is also submitted that prior to this case the petitioner has been found involved in a similar kind of case.
Having considered the submissions made on behalf of the parties and taking into account the fact that the recovery has been made from a dismantled house, which does not belong to the petitioner and moreover, this petitioner is in custody since 26.11.2021 and the investigation is already completed and the charge-sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.
3/4 amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum-Special Judge of Excise Act, Gaya in connection with Civil Lines P. S. Case No. 500 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 cancelling of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not
4/4 be delayed for purpose of or in the name of verification.
(Harish Kumar, J) shakir/- U T