Prakash Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18260 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== PRAKASH RAVIDAS Son of Late Banarsi Ravidas Resident of Village - Pachna, P.S.- and Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, APP For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Anjani Prasad Singh, the learned counsel appearing for the petitioner and Smt. Anita Kumari Singh, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 69 of 2020 dated 18.02.2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 15 liters of illicit liquor from a house stated to be in joint possession of the

Patna High Court CR. MISC. No.18260 of 2020(2) dt.13-05-2020 2/3 petitioner and his family members.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that the charge sheet has already been submitted in the present case and the petitioner is languishing in custody since 18.02.2020.

Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 18.02.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned Additional District and Sessions Judge-II Sheikhpura in connection with Excise Case No. 69 of 2020. It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks,

Patna High Court CR. MISC. No.18260 of 2020(2) dt.13-05-2020 3/3 to the satisfaction of learned Additional District and Sessions Judge-II Sheikhpura in connection with Excise Case No. 69 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically. The present petition stands allowed.

(Mohit Kumar Shah, J) Tiwary/- U T