Ratan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60914 of 2022 Arising Out of PS. Case No.-682 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== RATAN KUMAR, gender- Male, aged about 23 years, Son of Algu Bind R/V- Uziyar Tola, P.S- Ara Town, Dist- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ara Town P. S. Case No. 682 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 270 liters country made liquor has been recovered from the tempo vehicle. The petitioner is stated to be present at the place where recovery has been made.

The learned counsel for the petitioner submits that he was a labourer whose services had been requisitioned. On reaching the place, he has become victim of the circumstance, though he has no concern with the recovered substance and is a man of clean antecedent, he is in custody since 25-08-2022. The learned APP has opposed the prayer for bail. It is submitted that he was present near the place of recovery. Considering the rival submissions, manner of recovery,

Patna High Court CR. MISC. No.60914 of 2022(3) dt.13-01-2023 2/2 nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court1st, Bhojpur at Ara in connection with Ara Town P. S. Case No. 682 of 2022, 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.

(Madhuresh Prasad, J) shyambihari/- U T