Ravinandan Trivedi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34166 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- PIYAR District- Muzaffarpur ====================================================== RAVINANDAN TRIVEDI Son of Krishnandan Trivedi Resident of Village - Matlupur, P.S.- Piyar, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Piar P.S. Case No. 184 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 39 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.34166 of 2022(2) dt.12-08-2022 2/2 submitted that recovery of illicit liquor is made from the open place behind the house of the petitioner, which is accessible by general public, where nothing recovered from conscious physical possession of the petitioner, who is a man of clean antecedent. It is submitted that investigation is complete, where charge-sheet has been submitted.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Piar P.S. Case No. 184 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge2nd-cum-Special Judge, Excise, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T