Ravindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67342 of 2021 Arising Out of PS. Case No.-247 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== Ravindra Kumar Yadav, S/o Krishana Yadav R/o Village - Udawant Nagar, P.S. - Udawant Nagar, District - Bhojpur (Aara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Muffasil P.S. Case No.247/2021 (G.R. No.1358/2021) instituted under Section 30(a) of the Bihar Prohibition of Excise Act, 2018.

As per the FIR, on secret information the police intercepted a truck at 'Chatra Mor' and recovered/seized 862.92 liters of foreign liquor whereafter the driver of the vehicle (the petitioner herein) was arrested.

Learned counsel for the petitioner submits that he being the driver of the vehicle was only carrying the goods that was being transported from one place to other and has no inkling that the alleged foreign liquors are present in the said

Patna High Court CR. MISC. No.67342 of 2021(2) dt.17-05-2022 2/3 consignment. It has further been submitted that he is in jail since 02.10.2021.

Considering the fact that charge-sheet sheet has been submitted, the petitioner is in custody since 02.10.2021 and doesn't have any criminal antecedent, this Court is inclined to grant him the privilege of bail with certain conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.20,000/-(twenty thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No.247/2021 (G.R. No.1358/2021) to the satisfaction of learned Additional & Sessions Judge, IInd,-cum-Special Judge (Excise), Aurangabad, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her 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 reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

Patna High Court CR. MISC. No.67342 of 2021(2) dt.17-05-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T