Ravindra Kumar @ Ravindra Kumar Yadav @ Ravi Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27564 of 2025 Arising Out of PS. Case No.-151 Year-2007 Thana- BANMANKHI District- Purnia ====================================================== Ravindra Kumar @ Ravindra Kumar Yadav @ Ravi Kumar Yadav, Male, aged about 43 years, Son of Late Rajendra Yadav, Resident of Vill- Sarswati, P.S.- Sarai, District- Purnea ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Banmankhi P.S. Case No. 151 of 2007 dated 14.06.2007 registered for the offence punishable under Section 47(A) of the Excise Act.
3. As per the prosecution case, total 125 litres of illicit country made liquor was recovered from the trailor of the tractor.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the driver of the said tractor and the owner of the said tractor is the co-accused
Patna High Court CR. MISC. No.27564 of 2025(3) dt.16-06-2025 2/3 Naresh Kumar. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that it is a case of misuse of privilege of bail granted to the petitioner. It is further submitted that the bail bond of the petitioner was cancelled on 15.12.2011 as the petitioner went outside the State for his livelihood and in the meantime, the pairvikar has left the pairvi of the case in the year 2011 and accordingly N.B.W. was issued on 15.12.2011 and thereafter on 28.03.2014, process under Section 82 of the Cr.P.C. and on 16.09.2022 process under Section 83 of the Cr.P.C. have been issued against the petitioner and despite of that the petitioner has not appeared before the learned court below and ultimately on 19.01.
2023 the petitioner was declared absconder by the learned court below. Learned counsel for the petitioner has further submitted that the petitioner undertakes to appear before the learned court below and shall co-operate in the trial and not to breach the privilege of bail and also undertakes not to repeat the same act in future as stated in paragraph no. 12 of the bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 25.03.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.27564 of 2025(3) dt.16-06-2025 3/3 opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (Excise-1), Purnea in connection with Banmankhi P.S. Case No. 151 of 2007 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T