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Patna High CourtCR. MISC./18604/2023allowed

Ravish Kumar v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18604 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== RAVISH KUMAR SON OF SHYAM MAHTO RESIDENT OF VILLAGE - BARIYARPUR, WARD NO. 09 P.S. - BAKHRI BAZAR, DISTT. - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Banka Excise P.S. Case No. 69 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 274.5 liters wine from a Bolero Pick-up van, it is further alleged that the petitioner was apprehended on the spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner was driver of the

Patna High Court CR. MISC. No.18604 of 2023(2) dt.17-05-2023 2/3 alleged vehicle due tow which he has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. He has got no criminal antecedent. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 21.01.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banka Excise P.S. Case No. 69 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Banka.

Patna High Court CR. MISC. No.18604 of 2023(2) dt.17-05-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Manishkumar/- U T