Ravi Kumar Rai@ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40178 of 2020 Arising Out of PS. Case No.-365 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAVI KUMAR RAI@ RAVI KUMAR Son of Shree Rajgir Rai @ Rajgir Rai Resident of Village- Dighi Lal Pokhar, P.S.- Sadar Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Manish Chandra Gandhi, learned counsel for the petitioner and Mrs. Veena Kumari Jaiswal, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Hajipur Sadar PS Case No. 365/2019 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

The allegation, as per First Information Report, is that 1233 litres of illicit liquor has been recovered from a truck. It is further alleged that when the police intercepted the truck, the petitioner and others succeeded in fleeing away and one Bhonu Kumar was arrested by the police.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he is not the owner or the driver or the co-driver of the said truck. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.40178 of 2020(2) dt.20-02-2021 2/2 or from the vehicle belonging to him. Learned counsel next submits that the co-accused, Bhonu Kumar who was arrested on the spot has been granted bail by a Bench of this Court vide Cr. Misc. No. 47034/2019 and the name of the petitioner has transpired on the basis of disclosure made by him. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 25.09.2020 and a similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, RAVI KUMAR RAI@ RAVI KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Hajipur Sadar PS Case No. 365/2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T