Ravi Kumar Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54842 of 2021 Arising Out of PS. Case No.-228 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== RAVI KUMAR KESHRI Son of Om Prakash Keshri Resident of Village - Tulsi Mandi, Mircheya Tola, P.S.- Alamganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 96.375 litres of liquor was recovered from the Maruti Alto car bearing registration no. BR 01AY 5506 being driven by co-accused Raja Kumar. It is stated that the said Raja Kumar disclosed that the liquor belonged to the petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The petitioner has no concern with the seized liquor nor with the

Patna High Court CR. MISC. No.54842 of 2021(2) dt.04-04-2022 2/2 car in question. The only material against him is the statement of the co-accused made before police. The reason for his false implication is his antecedent under under the Bihar Prohibition and Excise Act, 2016. He is in custody since 3.8.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having been arrested at the spot and having remained in custody for over 7 months, the petitioner is directed to be enlarged on bail in connection with Special Case no. 2831 of 2021 (arising out of Alamganj P.S. Case no. 228 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Spd/- U T