Tinku Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34893 of 2023 Arising Out of PS. Case No.-216 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== TINKU RAWANI son of Shankar Rawani Village- Kushmatand Ps- Baliapur Dist- Dhanbad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bihpur (Bhawaipur) P.S Case No 216 of 2023 dated 09.04.2023 registered for the offences punishable under section 272, 273, 419, 420 of the I.P.C and u/s 30 (a) 32 (i) (ii) 41 of the Bihar Prohibition and Excise Act. As per the prosecution case, total 885.960 liters of Indian made foreign liquor was recovered from a pickup vehicle. It is further alleged that petitioner is the driver of the said vehicle.

Patna High Court CR. MISC. No.34893 of 2023(2) dt.25-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no knowledge regarding the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2023.

Learned A.P.P for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge-1st, Bhagalpur in connection with Bihpur (Bhawaipur) P.S. Case No 216 of 2023. with the following conditions:-

(1) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(2) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to

Patna High Court CR. MISC. No.34893 of 2023(2) dt.25-05-2023 3/3 the petitioner.

The application stands allowed.

(Chandra Prakash Singh, J) Kaushik U T