Kapil Ravani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15236 of 2020 Arising Out of PS. Case No.-51 Year-2018 Thana- CHANDI District- Nalanda ====================================================== KAPIL RAVANI Son of Late Jagdish Ravani Resident of Village - Herine, P.S.- Brora, Distt - Dhanbad, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 120(B), 272, 273 of I.P.C. and 30(A), 38, 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 387.400 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.15236 of 2020(2) dt.11-06-2020 2/3 petitioner. It is alleged that 387.400 liters wine is recovered from a pick up van. The petitioner is alleged to be the owner of the vehicle in question. It has further been submitted that the vehicle in question was sold by the petitioner to one Sakil Ansari prior to institution of the present case. In support of the contention, he has annexed Annexure 3 to the present application. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of A.D.J. VI-cum-Special Judge, Excise, Nalanda in connection with Chandi P.S. case No.51 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.15236 of 2020(2) dt.11-06-2020 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T