Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31635 of 2022 Arising Out of PS. Case No.-120 Year-2020 Thana- BARH District- Patna ====================================================== Ravi Ranjan Kumar, Son of Surendra Sharma, Resident of Village- Blipur Barh Bazar Pakka Kuya, Bad No.20, Police Station- Blipur, Barh Bazar, Pakka Kuya, Bad No. 20, P.S.- Barh, District- Patna. ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Ajay Kumar, learned counsel for the petitioner and learned APP for the State through video conference.
The petitioner seeks regular bail, who is in custody in connection with Barh P.S. Case No. 120 of 2020 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, it is alleged that in course of patrolling duty, the police on a secret information, raided the shop of the petitioner and on search 1.6 litres of Indian made foreign liquor and one country made pistol were recovered.
Patna High Court CR. MISC. No.31635 of 2022(2) dt.26-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the alleged recovery has been made from an Aluminum shop where several labourers work and the petitioner was not even aware as to what was kept by the labourers. It is further submits that the country made pistol was recovered without any cartridge and moreover the petitioner is in custody since 16.02.2022, having fair antecedent, though the investigation of the crime is already completed and charge-sheet has been submitted.
On the other hand learned APP for the State vehemently opposes the bail application and submits that the country made pistol has been recovered from the counter of the shop and the involvement of the petitioner cannot be ruled out. Having regard to the submissions made on behalf of the parties and considering the fact that the petitioner is in custody since 16.02.2022, having fair antecedent and moreover the alleged recovery has been made from a shop where several lobourers work, apart from the fact the investigation of the crime is already completed and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.31635 of 2022(2) dt.26-08-2022 3/3 satisfaction of learned Special Judge, Excise Court, Barh, Patna in connection with Barh P.S. Case No. 120 of 2020 (Special Case No. 2803 of 2020), subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain physically present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T