Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36537 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- KATORIYA District- Banka ====================================================== RAVI KUMAR SON OF SANTOSH BARNWAL RESIDENT OF VILLAGE RAJWARA, POLICE STATION KATORIYA, DISTRICT BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 56 (d) of the Bihar Prohibition and Excise Act, 2016 and Mahua Flower Rule 3. 20 quintals of Mahua flower is said to have been recovered from a Bolero pick up van and 20 quintals of Mahua Flower is said to have been recovered from the Ashok Leyland vehicle. The petitioner is the registered owner of Ashok
Patna High Court CR. MISC. No.36537 of 2021(2) dt.04-09-2021 2/3 Leyland vehicle.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case by the police due to some altercation between them on his refusal to cough up the demand of graft made by them. As a matter of fact, the petitioner is a small businessman whose work is to purchase goods from one place and to sell it to another place. Petitioner has one criminal antecedent of similar nature and has been languishing in custody since 17.04.2021.
Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.36537 of 2021(2) dt.04-09-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Special Excise Case No.13/2021 arising out of Katoriya P.S. Case No. 01 of 2021, subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T