Balmiki Ravani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43609 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

Balmiki Ravani S/O Ram Swarup Resident Of Mahairand, Kumhar Basti, P.S.- Dhanbad, District- Dhanbad, Jharkhand 2.

Arun Mistri S/O Ragho Mistri Resident Of Near Samudayik Bhawan, Ranga Tand, P.S.- Dhanbad, District- Dhanbad, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a), 56(c) of the Bihar Prohibition & Excise Act. There is recovery of 1134.56 litres and 1134.81 litres of Indian made Foreign Liquor from two pick-up vans. The drivers of the vehicles namely Mahendra Kumar Das, Bipin Pandit and conductor Sohay Ansari were apprehended. The petitioners are owners of the alleged pick-up vans.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.43609 of 2022(2) dt.15-11-2022 2/3 petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioners. The name of the petitioners sprang up only because they are the owners of the said vehicles. The petitioners have given the vehicles to the drivers' for their livelihood and they have no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

The petitioners are directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) each in the District Legal Services Authority of concerned District. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Fatuha P.S. Case No. 31 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.43609 of 2022(2) dt.15-11-2022 3/3 The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) each ie. of 60,000/- (Rupees Sixty Thousands) in District Legal Services Authority of concerned District.

(Sunil Kumar Panwar, J) nirajkrs/- U T