Rabindra Kumar @ Ravindra Kumar @ Ravindar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15018 of 2020 Arising Out of PS. Case No.-221 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== Rabindra Kumar @ Ravindra Kumar @ Ravindar Kumar, male, aged about 27 years, S/o Uma Kant Prasad, R/o village- Mani Chhapar, P.S.- Hathua, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2020 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Hathuwa P.S. Case No. 221 of 2019, dated 12.12.2019, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner is stated to be a person of clean antecedent.

From a bag, which is said to have been thrown by the petitioner and his associates, 42.3 litres of liquor was recovered.

It has been submitted on behalf of the petitioner that the story of his having fled-away after throwing the bag

Patna High Court CR. MISC. No.15018 of 2020(2) dt.09-07-2020 2/2 containing liquor has maliciously been planted by the police. There is no recovery from the constructive possession of the petitioner.

Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise, Gopalganj, in connection with Hathuwa P.S. Case No. 221 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T