Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37949 of 2020 Arising Out of PS. Case No.-171 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Ravi Kumar S/o Late Laxman Prasad, R/o Village- Naya Tola ( Daroga Tola) Banjariya Pandal, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 171 of 2020 for the offence punishable under Section 30(a), 38, 32, 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the petitioner is stated to have been subsequently remanded in the present case from another case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 22.09.2020. The learned counsel for the petitioner has further submitted that only on account of bad antecedent of the petitioner herein, the

Patna High Court CR. MISC. No.37949 of 2020(2) dt.05-02-2021 2/2 petitioner has been falsely implicated in the present case merely on suspicion and there is no material on record to connect him with the alleged crime.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and considering the materials available on record as also considering the period of incarceration of the petitioner herein apart from the fact that the petitioner has not been arrested on spot but he has been remanded in the present case from another case, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 13th Additional Sessions Judge -cumSpecial Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 171 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U