Ravideo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29402 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- PIPRA District- Patna ====================================================== RAVIDEO KUMAR, Male, aged 36 years, Son of Chandradeo Manjhi Resident of Village-Chakiya Musahari, P.S.-Pipra, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Satyendra Sharma, Adv.

For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Special Case No. 2778 of 2019 arising out of Pipra P.S. Case No. 34 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that an anti prohibition drive was conducted on secret information at Chakia Musahri and five persons were apprehended along with illicit liquor. Specific allegation is that from the hut of the petitioner 20 liters of mahua wine with certain apparatus and 100 Kg of jawa mahua was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been languishing in judicial custody since 02.04.2019. He submits that nothing has been recovered from his conscious possession and the petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.29402 of 2019(2) dt.13-05-2019 2/2 since more than one month.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail, on completion of investigation, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 2778 of 2019 arising out of Pipra P.S. Case No. 34 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T