Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32929 of 2022 Arising Out of PS. Case No.-1058 Year-2021 Thana- MANER District- Patna ====================================================== RAVI KUMAR S/o Shankar Sah R/o Mohalla- Police Colony Golapar, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar,Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Maner P.S. Case No. 1058 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 30.12.2021.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.32929 of 2022(2) dt.12-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 80 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is driver of the alleged vehicle where illicit liquor was recovered and moreover, nothing surfaced during course of investigation which may suggest that petitioner was under knowledge to have consignment of illicit liquor, denying thereof conscious physical possession of the petitioner, who is a man of clean antecedent. It has been submitted that investigation is complete, where charge-sheet has been submitted.

Learned APP, while opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Maner P.S. Case No. 1058 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Danapur (Patna)/concerned court, subject to the conditions as

Patna High Court CR. MISC. No.32929 of 2022(2) dt.12-08-2022 3/3 mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- Ravishankar/- U