Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17973 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== 1.
Ravindra Kumar Son of Dukhan Rai @ Dukhan Sahni village - Ganga Dharampur, P.S. - Tariyani Chhapra, Dist. - Sheohar 2.
Sunil Kumar @ Sunil Sahni @ Sukhan Sahni Son of Late Vijay Sahni @ Late Vijan Sahni village - Ganga Dharampur, P.S. - Tariyani Chhapra, Dist. - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the State :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-04-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The petitioners seek anticipatory bail, apprehending their arrest, in connection with Tariyani Chhapra P.S. Case No. 02 of 2025 dated 04.01.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the allegation, 117 litre of illicit liquor has been recovered from a car and the petitioners are alleged to have fled away after seeing the police.
4. Learned counsel for the Petitioners submits that the Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.17973 of 2025(2) dt.02-04-2025 2/3 case. He further submits that the car in question does not belong to the petitioners, nor were they present on the place of occurrence, nor have they anything to do with the alleged offence. Their names have been dragged only on the basis of suspicion.
5. On the basis of the material available, no case is made out against the Petitioners under Excise Act and the Petitioners are entitled to get anticipatory bail.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. It has further been stated paragraph no.3 of the bail petition that the petitioners have been made accused in one other case.
8. However, Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.17973 of 2025(2) dt.02-04-2025 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Excise Court, Sheohar in connection with Tariyani Chhapra P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) shoaib/- U T