Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 65178 of 2021 Arising Out of PS. Case No.-411 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== RAVISH KUMAR S/o Late Sarju Chaudhary R/o Village/ Mohalla- Pakri rrah, P.S.- Arrah Nawada, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Nawada (Bhojpur) Excise Police Station (for brevity, PS) Case No 411 of 2021 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018. 140 liters of Mahua liquor has been recovered from beneath the rear seat of the Auto which the petitioner was driving.

Learned counsel for the petitioner submits that having no criminal antecedent, the petitioner has become victim of the circumstance. Perhaps, some passengers have kept the liquor.

Patna High Court CR. MISC. No.65178 of 2021(2) dt.31-05-2022 2/3 The learned APP has opposed the prayer for bail. Considering the rival submissions, period of custody, fair antecedent and the fact that investigation is complete, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV -cum- Special Judge, Excise, Bhojpur, Ara in Nawada (Bhojpur) Excise PS Case No 411 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as

Patna High Court CR. MISC. No.65178 of 2021(2) dt.31-05-2022 3/3 pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T