Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3851 of 2023 Arising Out of PS. Case No.-282 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== RAVI KUMAR S/O LAL BABU PRASAD Resident of village- Dhandiha, P.S.- Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 04.11.2022 in connection with Koilwar P.S. Case No. 282 of 2021, F.I.R. dated 26.06.2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of 90 liters of country made liquor and 7.2 liters of foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case mainly on the ground that the petitioner is son of co-accused, namely, Lal Babu Prasad. Further submits that nothing has been recovered from conscious

Patna High Court CR. MISC. No.3851 of 2023(2) dt.26-04-2023 2/3 possession of the petitioner rather the recovery has been made from the house of co-accused Lal Babu Prasad and Lal Babu Prasad is the father of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 04.11.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid fact, nothing has been recovered from possession of the petitioner, having clean antecedent, 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 learned Exclusive Special Excise Court No.-II, Bhojpur at Ara in connection with Koilwar P.S. Case No. 282 of 2021,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.3851 of 2023(2) dt.26-04-2023 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T