Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5045 of 2015 Arising Out of PS.Case No. -271 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ravindra Kumar, Son of Basudeo Bhagat, resident of village - Bhagwanpur Rati, P.S. Vaishali, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. Md. Mastisque Alam, App ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 06-02-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody since 17.11.2014 in a case registered for the offence punishable under Sections 47(a) of the Excise Act and Sections 272, 273 and 420 of the Indian Penal Code.

The allegation against the petitioner is that 12,600 pouches of country made liquor have been recovered from the possession of the petitioner.

It is submitted that the petitioner had taken lift from the driver of the Pick-up Van as the driver was known to him. Later on after seeing the police party the driver-cum- owner of the Pickup Van fled away and he was apprehended by the police. Neither the vehicle nor the seized articles belong to the petitioner. After submission of chargesheet, there is no apprehension of tampering

Patna High Court Cr.Misc. No.5045 of 2015 (2) dt.06-02-2015 with the evidence.

The learned counsel for the State submits that the petitioner has also criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesaria P.S. Case No. 271 of 2014 after framing of charge with the following conditions:

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J.) Vats/- U T