Lallu Rai @ Ravindra Rai @ Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58206 of 2023 Arising Out of PS. Case No.-214 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== LALLU RAI @ RAVINDRA RAI @ RAVINDRA KUMAR SON OF RAM NATH RAI @ BIRAJAN RAI RESIDENT OF VILLAGE - PAKAHI, P.S. - MANIYARI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Maniyari P.S. Case No. 214 of 2019 registered for the offence under Sections 420, 467, 468, and 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 3927.600 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by the co-accused, Ravi Bhushan Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the mini truck in question and the petitioner has no concern at all

Patna High Court CR. MISC. No.58206 of 2023(2) dt.13-09-2023 2/3 with the alleged recovery. Neither the petitioner is owner of the said truck nor he is driver of the vehicle in question. Save and except the confessional statement of the co-accused, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 31.05.2023. Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Special Judge, Excise Court No. II, Muzaffarpur in connection with Maniyari P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.58206 of 2023(2) dt.13-09-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T