Ravi Kumar @ Ravi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45320 of 2022 Arising Out of PS. Case No.-134 Year-2019 Thana- BIKRAM District- Patna ====================================================== Ravi Kumar @ Ravi Singh Son of Krishna Nandan Singh Resident of Village - Parkhanda, P.s.- Rani Talab, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bikram P.S. Case No. 134 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 12.04.2022.

The allegation against the petitioner is to involve in the illegal trading of illicit liquor, where a total of 561 liters of

Patna High Court CR. MISC. No.45320 of 2022(2) dt.09-09-2022 2/3 foreign wine was recovered.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of secret input. It is submitted that the alleged recovery was made from an open place, which is not connected with the petitioner in any manner, as such, it cannot be said that recovery was made from the conscious physical possession of the petitioner. It is further submitted that nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner, prima facie, with the alleged recovery of illicit liquor. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bikram P.S. Case No. 134 of 2019 on

Patna High Court CR. MISC. No.45320 of 2022(2) dt.09-09-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Danapur, Patna/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T