Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35388 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ravi Kumar, S/o Naval Kumar, Resident of Village- Shikarpur, P.S. Sikta, District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party : Mr. Sri Dinesh Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

6.300 ltrs. of wine was seized from the possession of the petitioner and for that, he happens to be under custody since 28.06.2016. Furthermore, from para 3 of the petition, it is evident that petitioner has got no criminal antecedent. Accordingly, petitioner namely Ravi Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah.

Patna High Court Cr.Misc. No.35388 of 2016 (2) dt.20-08-2016 2/3 From the complaint petition, it is apparent that there is specific incorporation of Excise P.S. case no. 170/2016. Before that, there happens to be disclosure of Excise case no. 4383/2016 and at left side, only 181 is written. Learned counsel for the petitioner has submitted that actually it happens to Excise P.S. case no. 181/2016 and to substantiate the same, the certified copy of order passed by learned Chief Judicial Magistrate, West Champaran at Bettiah dated 02.07.2016 has been filed and in likewise manner, the order impugned dated 22.07.2016 passed by Additional Sessions Judge, West Champaran at Bettiah in connection with bail petition no. 854/2016 also speaks regarding Excise P.S. case no. 181/2016 and so, he has prayed for release of petitioner relating to Excise P.S. case no. 181/2016.

The learned Chief Judicial Magistrate will verify whether petitioner happens to be an accused in connection with Excise P.S. case no. 181/2016 or Excise P.S. case no. 170/2016 or in both along with the factual narration of the allegation. In case, any kind of inconsistency is found then in that event, the instant order will cease to operate otherwise, the learned Chief Judicial Magistrate, after verifying the same along with the nature of

Patna High Court Cr.Misc. No.35388 of 2016 (2) dt.20-08-2016 3/3 allegation and if found true relating to Excise P.S. case no. 181/2016 or Excise P.S. case no. 170/2016, will accept the bail bond and release the petitioner.

(Aditya Kumar Trivedi, J.) rinkee/- U T