Satendra Ravidas @ Satendra Das @Satyendar Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35078 of 2021 Arising Out of PS. Case No.-354 Year-2020 Thana- KONCH District- Gaya ====================================================== SATENDRA RAVIDAS @ SATENDRA DAS @SATYENDAR RAVIDAS S/o Bodh Ravidas Resident of Village - Azad Bigha, P.S. - Konch, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Adv.
For the Opposite Party/s :
Mr. A.PP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.
Recovery is of 12 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits it appears from the F.I.R. as well as the seizure list, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made across the road in front of house of the co-
Patna High Court CR. MISC. No.35078 of 2021(2) dt.09-06-2022 2/3 accused, Manoj Yadav, who has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.04.2021 passed in Cr. Misc. No. 18152 of 2021. Hence, the petitioner may be granted the privilege of anticipatory bail.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Konch P.S. Case No. 354 of 2020 (Special Excise Case No. 1653 of 2020) subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
(1) Petitioner shall co-operate in the investigation and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be
Patna High Court CR. MISC. No.35078 of 2021(2) dt.09-06-2022 3/3 canceled by the Court below.
(2) 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.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) brajesh/- U T