Ravi Kumar @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24423 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== RAVI KUMAR @ PREM KUMAR Son of Bhola Prasad Resident of Village Gorari, P.S. Karakat, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2020 Heard Mr. Babu Nandan Prasad, learned counsel for the petitioner and Md. Mushtaque Alam, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Karakat P.S. Case No. 26 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

The allegation as per the First Information Report is that the Police got secret information that one Tata truck was standing on the road near the house of Vijay Mahto, in which, huge quantity of illicit liquor was loaded. The Police on the basis of information, proceeded towards the place of occurrence and recovered a total quantity of 10230.12 litres of illicit foreign

Patna High Court CR. MISC. No.24423 of 2020(4) dt.01-12-2020 2/3 liquor from the said truck and the petitioner along with other accused persons were arrested from and near the truck. On enquiry, the petitioner informed the Police that the consignment of the liquor was brought by the other co-accused persons. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he was only standing near the truck. Learned counsel further submits that petitioner has been arrested by the Police with oblique motive. Learned counsel also submits that the consignment of illicit foreign liquor does not belong to the petitioner and he is not the owner of the truck. The petitioner is in custody since 5.2.2020.

On the other hand, learned counsel for the State submits that the petitioner has got criminal antecedents inasmuch as two other cases of similar nature are pending against him.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 5.2.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/-

Patna High Court CR. MISC. No.24423 of 2020(4) dt.01-12-2020 3/3 (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Karakat P.S. Case No. 26 of 2020 subject to the condition that he shall not commit any offence similar to the offence for which he is an accused in the present case. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T