Ravindra Choupal @ Ravindra Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52611 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== Ravindra Choupal @ Ravindra Chaupal, Son of Prabhu Choupal, R/O Village- Raje West, P.S.- Manigachhi, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant/accused in Crime No. 104 of 2021 registered with Manigacchi Police Station for the offences punishable under Sections 272 and 273 r/w 34 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail during pencency of the trial.

The learned Additional Public Prosecutor argued that total 884.910 litres of illicit liquor came to be seized from the houses of the applicant.

The investigation of the subject crime is over. Indisputably the applicant is not having any criminal antecedent.

According to the prosecution case, two houses of the applicant were searched. From one house, illicit liquor of

Patna High Court CR. MISC. No.52611 of 2021(2) dt.01-04-2022 2/3 quantity 2018.300 litres came to be seized whereas from the another house of the applicant, illicit liquor of quantity 884.910 litres came to be seized. According to the prosecution case itself, the applicant was not present in the houses in which the search was made.

The investigation of the subject crime is over. The applicant is not having any criminal antecedent, hence I see no reason to refuse bail to the applicant. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 104 of 2021 registered with Manigacchi Police Station be released on bail on executing P.R. bond of Rs.20,000/- (Rupees Twenty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this

Patna High Court CR. MISC. No.52611 of 2021(2) dt.01-04-2022 3/3 case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

(A. M. Badar, J) Bhardwaj/- U T