Ravi Kumar Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47595 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Ravi Kumar Keshri, aged about 25 years, Gender-Male, S/O Om Prakash Keshri @ Om Prasad, Resident of Village- Tulsi Mandi, Mircheya Tola, Police Station- Alamganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 2073 of 2021 arising out of Alamganj P.S. Case No. 171 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 381.21 liters of illicit liquor from a TATA Magic pick up van. It is further alleged that one co-accused person namely Chandan Kumar was arrested and he is stated to have taken the name of the petitioner to be the person who had fled away from the spot. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 26.4.2021.

Patna High Court CR. MISC. No.47595 of 2021(2) dt.15-12-2021 2/2 The learned counsel for the petitioner has submitted that the petitioner is neither the owner nor the driver of the vehicle in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered either from the conscious possession of the petitioner or from his vehicle or from his house, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 2073/2021 arising out of Alamganj P.S. Case No. 171 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U