Belchu Kumar @ Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29926 of 2021 Arising Out of PS. Case No.-586 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== BELCHU KUMAR @ RAVINDRA SINGH Son of Kauleshwar Singh Resident of Village - Kirani Ghati, Police Station - Kotwali, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kotwali P.S. Case no. 586 of 2019 instituted for the offence under Sections 420, 406 and 34 of the Indian Penal Code and Sections 30(a), 54 and 57 of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, several accused persons were unloading contraband liquor from the truck to the house of

Patna High Court CR. MISC. No.29926 of 2021(2) dt.09-02-2022 2/3 co-accused Gautam Kumar. A raid over vehicle and house of Gautam Kumar were conducted and several co-accused were apprehended. Gautam Kumar has disclosed the name of the petitioner as his business partner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. The alleged vehicle belongs to main accused Gautam Kumar, against whom there is specific allegation of involvement in business of liquor. Petitioner has no concern with the alleged liquor or with the vehicle in question. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the co-accused, namely, Gautam Kumar, which has got no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kotwali P.S. Case no. 586 of 2019, he will be

Patna High Court CR. MISC. No.29926 of 2021(2) dt.09-02-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge of Excise Act, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U