Patna High CourtCR. MISC./21986/2023bail granted

Ravi Kumar Bishwas v. The State Of Bihar

2023-05-11Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21986 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== RAVI KUMAR BISHWAS, aged about 27 years (Male), son of Shankarlal Bishwash, resident of Village- Kariyat Gehuan P.S.- Jalalgardh Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

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

2. Petitioner seeks regular bail in connection with Utpad (Madya Nisedh) P.S. Case No. 304 of 2023 (Special Case No.344/2023) dated 05.03.2023 registered for the offence(s) punishable under Section(s) 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 468.150 litres of illicit foreign liquor and the same is stated to have been recovered from a Mahindra XUV 300 car and as per allegation, petitioner is stated to have been found sitting in the said vehicle but in actual the petitioner was

Patna High Court CR. MISC. No.21986 of 2023(2) dt.11-05-2023 2/2 driving the said vehicle bonafidely and he had no knowledge of the alleged loaded wine and he is not the owner of the said car and he has no concern either with the seized liquor or seized vehicle. Further submissions are that the petitioner has been languishing in jail since 06.03.2023 having fair and clean antecedent and against him, the investigation has been completed.

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

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Utpad (Madya Nisedh) P.S. Case No. 304 of 2023 (Special Case No.344/2023) 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.

(Shailendra Singh, J) Sanjay/- U T