Patna High CourtCR. MISC./79747/2023bail granted

Ravindra Rai @ Lallu @ Ravindra Kumar v. The State Of Bihar

2023-12-08Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79747 of 2023 Arising Out of PS. Case No.-163 Year-2019 Thana- Excise P.S. District- Muzaffarpur ====================================================== Ravindra Rai @ Lallu @ Ravindra Kumar S/O Ramnath Rai @ Birajan Rai Village- Pakahi Bagi, Ps. Maniyari, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 163 of 2019 dated 29.10.2019 under Section 30(a) of Bihar Prohibition & Excise Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 30.08.2023 passed in Cr. Misc. No. 56791 of 2023 (annexed as Annexure-1) with a liberty to the petitioner to renew the prayer for bail after framing of charge. Counsel also submits that the charge has already been framed in this case vide order dated 10.10.2023. Counsel further submits that the petitioner is in custody since 17.06.2023.

4. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.79747 of 2023(2) dt.08-12-2023 2/3 bail of the petitioner and submits that as per the observation, charge has been framed in this case.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No.II, Muzaffarpur in connection with Excise P.S. Case No. 163 of 2019, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.79747 of 2023(2) dt.08-12-2023 3/3 cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T