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Patna High CourtCR. MISC./32225/2023bail granted

Mahendra Kumar Ravi v. The State Of Bihar

2023-05-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32225 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Mahendra Kumar Ravi Son Of Ram Swarath Ram Resident Of VillageDhobdiha, Ps- Nabinagar, Distt- Aurangabad Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018 and Section 37 of the Excise Act, 2022. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Ajay Kumar, Mandeep Kumar and Gopal Prasad Ravi were found drunken and 1.5 litre of liquor was also recovered from the motorcycle, which they were driving. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted

Patna High Court CR. MISC. No.32225 of 2023(2) dt.24-05-2023 2/2 that petitioner, being owner of the motorcycle, came to be implicated. It is further submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that his friend, who were arrested, would misuse his vehicle in the manner as alleged.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Aurangabad in connection with Excise P. S. Case No.297 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T