Ravi Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30461 of 2025 Arising Out of PS. Case No.-455 Year-2024 Thana- TARAIYA District- Saran ====================================================== Ravi Nut Son of Sanjay Nut Resident of Village - Dewariya, P.S.- Taraiya, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Taraiya P.S. Case No. 455 of 2024, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act. Petitioner has three criminal antecedents.
3. As per the prosecution case, total 600 liters of illicit spirit is said to have been recovered from the road side.
4. The learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not apprehended at the place of occurrence and his name has been taken by the co-accused person, namely, Munna Kumar who
2/4 was apprehended with the said seizure of 600 liters of illicit spirit. It has been submitted by the learned counsel that no incriminating article has been recovered from the conscious possession of the petitioner and admittedly the place of seizure is an open space accessible to all. It has lastly been submitted that the person in whose confessional statement, the name of the petitioner has surfaced, has been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 27.02.2025, passed in Criminal Misc. No. 4925 of 2025. Lastly, it has been submitted that the petitioner has three criminal antecedent and two among them is of similar nature and now in the present case he is in custody since 16.04.2025.
5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid submissions made by the parties and taking into account that the person who was apprehended, has already been granted bail by a Co-ordinate Bench of this Hon'ble Court, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, be released on
3/4 bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Sessions Judge-cum-Presiding Officer, Exclusive Special Excise Court No.03, Saran at Chapra, in connection with Taraiya P.S. Case No. 455 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail
4/4 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Siwani/- U T