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Patna High CourtCR. MISC./52752/2023bail granted

Ravi Ranjan Kumar Verma @ Ravi Ranjan Verma v. The State Of Bihar

2023-08-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52752 of 2023 Arising Out of PS. Case No.-509 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RAVI RANJAN KUMAR VERMA @ RAVI RANJAN VERMA SON OF RAM PRAVESH MEHTA RESIDENT OF VILLAGE- KHESAR, PSMADANPUR, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2023 Heard Mrs. Mukul Kumari, learned Counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Excise P.S. Case No. 509 of 2023, G.R. No. 831 of 2023, Aurangabad registered for the offences under section 30(a) of the Bihar Prohibition of Excise Act lodged on 21.06.2023 by the informant, Mithlesh Kumar.

As per the prosecution story, the police recovered/seized 69.480 litres of country made liquor from the 'bathan' of the petitioner. Accordingly, the FIR. It is the case of the petitioner that the said recovery/seizure is from an open place which cannot be attributed to him, is in custody since 22.06.2023 (as stated in

Patna High Court CR. MISC. No.52752 of 2023(2) dt.21-08-2023 2/3 paragraph 15 of the bail application).

Learned APP for the State, on the other hand, opposes the prayer for bail stating that he has criminal antecedent. Taking into account the submissions put forward by the learned Counsel for the petitioner, alleged recovery is from an open place and is in custody since 22.06.2023, this Court is inclined to extend him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Special Judge of Excise, Court No. 2, Aurangabad in connection with Excise P.S. Case No. 509 of 2023, G.R. No. 831 of 2023, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance;

Patna High Court CR. MISC. No.52752 of 2023(2) dt.21-08-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T