Ravi Kumar Chaudhary @ Ravi Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4718 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== RAVI KUMAR CHAUDHARY @ RAVI CHAUDHARY SON OF RAMJEE CHOUDHARY R/O -NEW DILIYA WARD NO.20, P.S.- DEHRI TOWN, DISTRICT- ROHTAS.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Prasad Singh Mr.Abhishek For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Excise Case No.131 of 2020 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
107.460 liters of country made liquor is said to have been
Patna High Court CR. MISC. No.4718 of 2021(2) dt.26-03-2021 2/3 recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. The said recovery has been made from outside of the house of the petitioner though his house is also a joint family property. He has been falsely implicated in this case due to local politics. There is a violation of Section 100 of the Cr.P.C. as the seizure list has not been prepared in the presence of independent witnesses. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 21.08.2020.
Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.4718 of 2021(2) dt.26-03-2021 3/3 learned court below, in connection with Excise Case No.131 of 2020.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T