Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35661 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- RUPASPUR District- Patna ====================================================== RAVI KUMAR Son of Shyam Babu Chaudhary Resident of Kurji, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Rupaspur P.S. Case No. 159 of 2019 registered for the offence punishable under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 30(a) and 37(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on receiving secret information, a raid was conducted in a building premises from where the accused persons including this petitioner were caught and accordingly, the FIR was registered under the aforesaid Sections.

It is submitted by learned counsel for the petitioner that so called recovery of liquor did not take place from

Patna High Court CR. MISC. No.35661 of 2019(4) dt.28-08-2019 2/2 possession of the petitioner. No allegation under other provisions are made out against the petitioner for the reason that the petitioner and the victim girl were friends. The petitioner is in custody since 21.03.2019 and the investigation of the case is complete and charge-sheet has been submitted. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and is in custody since 21.03.2019, the other co-accused persons have been enlarged on bail vide order dated 02.05.2019 passed in Cr. Misc. No. 32701 of 2019 and order dated 30.04.2019 passed in Cr. Misc. No. 30900 of 2019, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3109 of 2019 arising out of Rupaspur P.S. Case No. 159 of 2019. (Partha Sarthy, J) sushma/- U T