Ravi Shankar Singh @ Ravi Shankar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18466 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== RAVI SHANKAR SINGH @ RAVI SHANKAR KUMAR SINGH Son of Ashok Kumar Singh, Resident of Village- Brahampur, P.S.- Kamtaul, District- Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Gaighat P.S. Case No. 15 of 2017 instituted for the offence under Section (s) 272, 273, 120B of the Indian Penal Code and Sections 30(A), 35(A) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the written report, one Xylo vehicle turned turtle on the road and in the vehicle total 162 pieces of foreign liquor each 180 ML were recovered. From the alleged vehicle, the police also recovered one driving license in the name of this petitioner.
It has been submitted on behalf of the petitioner that petitioner was neither driver nor owner of the vehicle. The petitioner has no concern with the liquor and he has
Patna High Court Cr.Misc. No.18466 of 2017 (2) dt.16-05-2017 2/2 been falsely implicated in this case.
It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Gaighat P.S. Case No. 15 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of Cr.P.
C with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.