Ravi Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28109 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Ravi Prakash Kumar, Male, aged about 30 years, S/o Lt. Jagannath Ram, R/o Village - Katkara, P.O.-Orra, P.S.- Belaon, District- Kaimur Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parth Gaurav, Advocate Mr. Ashutosh Kr. Pandey, Advocate Mr. Rahul Kumar, Advocate For the Opposite Party/s :
Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Parth Gaurav along with Mr. Ashutosh Kr. Pandey and Mr. Rahul Kumar, learned counsels appearing on behalf of the petitioner and Ms.Indu Kumari Srivastava, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 117/2025 registered for the offence(s) punishable under Sections 30(a)/32(i), (iii), 41(i) & (ii) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 180 litres of illicit liquor was recovered from a Bolero vehicle. Two coaccused persons were apprehended from the said vehicle.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.28109 of 2025(2) dt.07-05-2025 2/3 been implicated in the present case being the owner of the Bolero vehicle. He further submitted that petitioner had executed a vehicle rent agreement with a company, namely, Soma Enterprises for running the vehicle for official purpose only and petitioner had no idea that that company personnels were carrying liquor on the said vehicle. Petitioner has neither any connection with the apprehended co-accused persons nor with the seized liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-II, Kaimur at Bhabua / Concerned Court in connection with Excise P.S. Case No. 117/2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.28109 of 2025(2) dt.07-05-2025 3/3 Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T