Ravi Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33324 of 2018 Arising Out of PS. Case No.-135 Year-2017 Thana- SONO District- Jamui ====================================================== Ravi Raj, S/o Kailash Yadav, R/o Harbanshpur, P.S.- Chanan, District- Jamui. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar-1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Satya Prakash Parasar, learned counsel for the petitioner and Sri Ajay Kumar, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Sono P.S. Case No. 135 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender, primarily on the ground of parity.

It has been argued that one of the accused, against whom there was serious accusation than the petitioner,

Patna High Court Cr.Misc. No.33324 of 2018(2) dt.27-06-2018 2/3 namely, Pulendra @ Fuliya Yadav @ Puliya Yadav has already been granted anticipatory bail vide order dated 30.03 2018 passed in Cr.Misc. No.18202 of 2018. Besides this, it has been argued that the petitioner has been made accused on the allegation that his motorcycle was found ahead from Indigo car. Learned counsel for the petitioner submits that nothing was recovered from the motorcycle of the petitioner, but from Indigo huge quantity of Indian make foreign liquor was shown to be recovered and the driver of said Indigo car has been granted anticipatory bail. Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail, however he did not dispute the fact that co-accused, who is driver of the Indigo Car, has been granted anticipatory bail.

Considering the fact that one of the co-accused, almost in similar circustances, has been granted anticipatory bail, there is no reason to pass a different order in the present case. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Ravi Raj be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two

Patna High Court Cr.Misc. No.33324 of 2018(2) dt.27-06-2018 3/3 sureties of the like amount each to the satisfaction of learned A.D.J.2nd. Jamui in connection with Sono P.S. Case No.135 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T