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Patna High CourtCR. MISC./22570/2023bail granted

Ravindra Kumar Tanti @ Ravindra Tanti v. The State Of Bihar

2023-05-10Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22570 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- KATORIYA District- Banka ====================================================== RAVINDRA KUMAR TANTI @ RAVINDRA TANTI S/O DEEP NARAYAN R/O Village- Kurma Dharampur, P.S- Shambhuganj, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Malendu For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Katoriya P.S. Case No. 21 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 215.80 litres of illicit foreign liquor from Scorpio Car in question. Petitioner is the driver of said Scorpio and he along with co-accused Manoj Paswan was apprehended on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Petitioner is in custody

Patna High Court CR. MISC. No.22570 of 2023(2) dt.10-05-2023 2/3 since 12.01.2023 and bears no criminal antecedent. He further submits that nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 District and Sessions Judge V, Banka in connection with Katoriya P.S. Case No. 21 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

Patna High Court CR. MISC. No.22570 of 2023(2) dt.10-05-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shakir/- U T