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Patna High CourtCR. MISC./18951/2023bail granted

Sanjeevan Ravidas v. The State Of Bihar

2023-05-09Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18951 of 2023 Arising Out of PS. Case No.-682 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== Sanjeevan Ravidas Son Of Baleshwar Ravidas Resident Of Village- Kailashpuri, PsIslampur, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

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

2. Petitioner seeks regular bail in connection with Islampur P.S. Case No. 682 of 2022 dated 29.12.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of only 10 litres of country made liquor and the same is stated to have been recovered from a land in front of the petitioner's house but in fact, the petitioner has been falsely roped in this case on account of his criminal antecedents and the alleged recovery of the liquor was not made before an independent person and two official persons have been made witnesses of the seizure and the petitioner has been languishing

Patna High Court CR. MISC. No.18951 of 2023(2) dt.09-05-2023 2/2 in jail since 22.01.2023 and against him, the investigation has been completed and he has criminal antecedents of five case in which he is on bail in all these cases.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the completion of the investigation against the petitioner and also the facts that the place of recovery of the alleged liquor is stated to be a land in front of the petitioner's house and the alleged liquor is not stated to have been recovered from the conscious possession of this petitioner and two official persons have been made witnesses of the seizure of the alleged liquor and the petitioner has been languishing in jail since 22.01.2023, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Islampur P.S. Case No. 682 of 2022.

(Shailendra Singh, J) annu/- U T