Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47600 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -PIPRA District- SUPAUL ====================================================== Ravi Kumar S/o Bishwanath Das R/o Vill - Rupouli, P.S. - Gamharia, Distt. - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.07.2016 in connection with Pipra P.S. Case No. 131 of 2016 registered for the offence punishable under Sections 47 and 51 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of checking, they intercepted a Maruti Suzuki 800 in which four persons were found sitting and carrying 276 bottles containing 180 ML each of Nepali foreign liquor. Accordingly, seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.47600 of 2016 (3) dt.06-12-2016 2/2 aforesaid offence. It is submitted that the petitioner bears no criminal antecedent and the owner of the car is one Sunil Yadav and he was just a passenger. It has further been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It has also been submitted that, on similar allegation, driver of the car and one another co-accused, have since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 40517 of 2016 and 44725 of 2016 on 03.10.2016 and 18.10.2016 respectively.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case as well as the submission of the parties, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-III, Supaul in connection with Pipra P.S. Case No. 131 of 2016.

(Nilu Agrawal, J.) Arjun/- U T