Ravi Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41576 of 2022 Arising Out of PS. Case No.-278 Year-2020 Thana- DESARI District- Vaishali ====================================================== RAVI RAY Son of Sri Karu Ray Resident of Village - Naya Ganj, 28 Tola, P.s.- Desari, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Bihari Singh For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Desari P.S. Case No. 278 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise(Amendment) Act, 2018.
As per prosecution case, there is alleged recovery of 100 litres country made liquor kept by the side of the PCC road. The local people disclosed that the petitioner and other coaccused indulge in the business of illicit liquor. Learned counsel for the petitioner submits that petitioner is in custody since 11.05.2022 and bears criminal
Patna High Court CR. MISC. No.41576 of 2022(2) dt.25-08-2022 2/3 antecedent of one case of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is named in the FIR on the basis of confidential information given by assembled local public who did not even disclosed their own identity. It is further submitted that petitioner was not apprehended on the spot. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Prohibition and Excise Court-1-cum-Additional District and Sessions Judge, Hazipur, Vaishali in connection with Desari P.S. Case No. 278 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn
Patna High Court CR. MISC. No.41576 of 2022(2) dt.25-08-2022 3/3 the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) minu/- U T