Ravindra Kumar @ Ravindra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16760 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== RAVINDRA KUMAR @ RAVINDRA MANDAL Son of Guhan Mandal Resident of Village - Gopalpur Gumti Tola, Ward No. 10, P.S.- Chanan, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 20-10-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32, 41 and 56(a) of the Bihar Prohibition & Excise Act, 2018. Allegation is recovery of 2 litres country-made liquor in plastic bottles and 40 kg. jawa Mahua, which got destroyed, from a jungle near the village Gajiya Gadhi Gopalpur tola.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case due to enmity. It is further submitted on behalf of the

Patna High Court CR. MISC. No.16760 of 2020(3) dt.20-10-2020 2/3 petitioner that nothing was recovered from his possession or from his house rather the same was recovered from a lonely place, as such, no offence under Excise Act is made out against him. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with court case No.227C2/19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.16760 of 2020(3) dt.20-10-2020 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T