Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74300 of 2018 Arising Out of PS. Case No.-404 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Ravi Kumar Son of Late Jangli Sah Resident of Mohalla -Chaturbhuj Asthan Chowk,P.S. Town,Distt.-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sakra P.S. Case No. 404 of 2018 registered for the offence punishable under Sections 272, 273, 353 and 307 of the Indian Penal Code and 27 of Arms Act and Sections 30(a), 38 and 41 of the Bihar prohibition and Excise Act, 2016. Informant who is the Police Officer has alleged in his self statement that on secret information received by him that wife of Ajay Kumar Jha and his brother in law Avinash Kumar @ Kuchha who are indulged in illicit trade of liquor had brought a big consignment of liquor in a truck near their house and on receiving such information the premises was raided by the informant and one truck loaded with illicit liquor and nine vehicles, upon which illicit liquor was unloaded was seized by the police, however, the main accused fled away and four persons who were present on the spot were apprehended

Patna High Court Cr.Misc. No.74300 of 2018(2) dt.13-12-2018 2/2 including the petitioner.

It has been submitted on behalf of the petitioner that he is labourer and was unloading the pack goods on wages and was not knowing that same was illicit liquor. Petitioner has no criminal antecedent and he is in custody since 09.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Sakra P.S. Case No. 404 of 2018 subject to the conditions that:-

(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 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 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

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