Ravi Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16649 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Ravi Kumar Sah S/O- Ram Babu Prasad Sah R/o Mohalla- Krishna Nagar, Ward No.6, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bajpatti P.S. Case No. 362 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 19.12.2021.

The allegation against the petitioner is to have in possession of 321.3 liters of foreign liquor, which was recovered from a pick-up van.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.16649 of 2022(3) dt.15-07-2022 2/3 submitted that petitioner is the driver of the alleged vehicle, which was jointly occupied by other co-accused persons and further that nothing surfaced during the course of investigation, which may suggest that petitioner was under knowledge of illegal consignment of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that the alleged vehicle was also occupied by other coaccused persons. Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bajpatti P.S. Case No. 362 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court II, Sitamarhi/concerned Court, subject to the following conditions:

Patna High Court CR. MISC. No.16649 of 2022(3) dt.15-07-2022 3/3 "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Umesh Sah, who is the Cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T