Patna High CourtCR. MISC./41080/2021bail granted

Ravi Patel @ Ravindra Kumar v. The State Of Bihar

2021-12-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41080 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- DEWARIA District- Muzaffarpur ====================================================== RAVI PATEL @ RAVINDRA KUMAR Son of Ram Sagar Rai Resident of Village- Chand Kewari, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and Ms. Rina Sinha, the learned APP for the State.

The petitioner seeks regular bail in connection with Deoriya PS case no. 34 of 2021 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2018. The allegation is regarding recovery of 87.660 liters of illicit liquor from an open field belonging to the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 09.04.2021. The learned counsel for the petitioner has further submitted that the place from

Patna High Court CR. MISC. No.41080 of 2021(2) dt.14-12-2021 2/2 where, the illicit liquor is recovered, is an open space and the illicit liquor might have been planted by someone else. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Muzaffarpur in connection with Deoriya PS case no. 34 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T