Ram Pravesh @ Ram Pravesh Kumar @ Feku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35429 of 2025 Arising out of PS. Case No.-31 Year-2025 Thana- MEHANDIGANJ District- Patna ====================================================== Ram Pravesh @ Ram Pravesh Kumar @ Feku, S/o- Vijay Yadav, R/o VillageRanipur Dhal PS- Mahandiganj Dist- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kanchan Kumari, Advocate For the Opposite Party/s:
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. He has five criminal antecedents.
3. The prosecution case is to the effect that the police got a secret information that some persons are selling liquor upon which a raid was conducted and one person was apprehended, who disclosed his name as Ram Pravesh @ Ram Pravesh Kumar @ Feku (Petitioner) and on search total 60 litres country-made spiced Mahua liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and admittedly the recovery was made from the open space
2/4 which is accessible to all. It is further submitted that the petitioner has five criminal antecedents and is in custody since 05.03.2025. Learned counsel for the petitioner undertakes to deposit a sum of Rs. 5,000/- in the account of Advocate Association of the Patna High Court.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties and also considering the period of custody of the petitioner, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise Judge, Patna City, Patna in connection with Mehandiganj P.S. Case No. 31 of 2025, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two con-
3/4 secutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If any subsequent case of similar nature is lodged against the petitioner, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.
(v) And further condition that the court below shall verify the criminal antecedent of the petitioner except five criminal cases and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police,
4/4 Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
(Sourendra Pandey, J) Vikash/- U T