Ravi Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37564 of 2020 Arising Out of PS Case No.-150 Year-2020 Thana- ARARIA District- Araria ====================================================== Ravi Mallik, Male, Aged about 25 years, Son of Debendra Mallik @ Devendra Basfor, Resident of Village- Champahari, PS- Pradhan Nagar, District- Darjiling.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned In-charge Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Araria (Bairgachhi) PS Case No. 150 of 2020 (Special Case No. 194 of 2020) dated 19.02.2020, instituted under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is that the petitioner was driving the pick-up van from which 832.680 litres of liquor was recovered.

4. Learned counsel for the petitioner submitted that he was only a driver and was not aware of what was kept in the

Patna High Court CR. MISC. No.37564 of 2020 dt.05-02-2021 2/3 vehicle and by whom. It was further submitted that the petitioner has no criminal antecedent and is in custody since 19.02.2020.

5. Learned APP submitted that liquor was recovered from the pick-up van being driven by the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum-Special Judge, Araria in Araria (Bairgachhi) PS Case No. 150 of 2020 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent

Patna High Court CR. MISC. No.37564 of 2020 dt.05-02-2021 3/3 on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T