Ravis Kumar @ Naslet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43915 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- GAURICHAK District- Patna ====================================================== RAVIS KUMAR @ NASLET, S/o Mangal Ray, Resident of VillageJamanpura, P.S.- Gaurichak, Dist.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ratneshwar Prasad, Advocate For the Opposite Party :

Mr.Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Anand Mohan Prasad Mehta, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Gaurichak P.S. Case No. 269 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He is in custody since 02.12.2020. Petitioner has got two criminal antecedent as stated in paragraph '3' of the application. Learned counsel for the petitioner submits that in both the cases petitioner is on bail. As per the prosecution story, while the informant got information that from village Uska, the consignment of liquor has been brought from Auto and Motorcycle, thereafter he

Patna High Court CR. MISC. No.43915 of 2021(2) dt.23-02-2022 2/3 reached at that place, on seeing the police party five persons who were sitting in Auto tried to escape but were apprehended by police but one person fled away. The apprehended persons disclosed their names as also the name of the petitioner. The informant further alleged that on search of the Auto and motorcycle total 100 liters of Mahua wine were recovered. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that from the motorcycle of the petitioner 25 liters of liquor is said to have been recovered. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submissions that from the motorcycle of the petitioner 25 liters of liquor is said to have been recovered and in connection with the present case the petitioner has remained in custody since 02.12.2020, investigation against him is complete and his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Gaurichak P.S.

Patna High Court CR. MISC. No.43915 of 2021(2) dt.23-02-2022 3/3 Case No. 269/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner 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 or in the name of verification. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.