Ravindra Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46906 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- BAISI District- Purnia ====================================================== RAVINDRA MAHALDAR Son of Gopaal Mandal @ Gopal Mahaldar Resident of Village - Sadhuwali (Garbanaili), P.S.- Kasba, Distt.- Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bidhu Ranjan, Adv For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 04.07.2021 seeks regular bail in connection with Special Case No. 132 of 2021 arising out of Baisi P.S. Case No. 191 of 2021 registered for offence punishable under Sections 272, 273 of the I.P.C and Section 30(a), 41/47 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case in brief is that altogether 123 litres of foreign liquor was recovered from a tempoo concealed by boxes containing mango. The petitioner was apprehended on the spot while he tried to escape.
Patna High Court CR. MISC. No.46906 of 2021(2) dt.12-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that petitioner has no concern either with the tempo bearing Registration No. BR 11T 5200 or with the alleged seized liquor which was recovered from the said tempoo. He further submits that petitioner has clean antecedent and he is in custody since 04.07.2021.
Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case as well as there is no allegation of tampering the evidence or influencing the witnesses against the petitioner, the petitioner above named is directed to be enlarged to bail upon furnishing bail bond of Rs. 1,00,000/- (Rupees One Lac) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with Special Case No. 132 of 2021 arising out of Baisi P.S. Case No. 191 of 2021subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.46906 of 2021(2) dt.12-01-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T