Ravi Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81115 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Ravi Raj Kumar S/O Shalok Roy Resident of Village-Mekra, P.S- Mokama , Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr Ratan Kumar, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-11-2024 Heard the parties.
2. The petitioner is in custody in connection with Kateya P.S. Case No. 329 of 2024 for the offence punishable under section 317 (5) of the Bharatiya Nyaya Sanhita and under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 29.08.2024 by the informant, Geeta Bihari.
3. As per the prosecution story, the the informant alleged that the Police during patrolling and upon secret information, intercepted a Mahindra KUV vehicle and there is recovery/seizure of 111.600 liters of foreign liquor. Accordingly, the FIR/arrest.
4. Learned counsel for the petitioner submits that he do not have any criminal antecedent, the vehicle does not belong to him, only he had taken the lift, which led to his implication and the last submission is that without accepting the allegation and/or the outcome of the present case, he intends to
Patna High Court CR. MISC. No.81115 of 2024(2) dt.27-11-2024 2/3 contribute Rs. 10,000/- to the District Legal Services Authority, Gopalganj for the purchase of Steel Benches for the Civil Court Campus of Gopalganj Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer for bail submitting that when the recovery/seizure was made, the petitioner was there.
6. Considering the submissions put forwarded by the parties as also the fact that the petitioner do not have any criminal antecedent and is in custody since 30.08.2024 (paragraph-30 of the petition), this Court is inclined to extend him the privilege of bail with conditions subject to payment of Rs. 10,000/- to the District Legal Services Authority, Gopalganj for the purchase of Steel Benches for the Civil Court Campus of Gopalganj Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the purchase be submitted to the trial Court by the DLSA, Gopalganj.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge XIII-cum-Special Judge Excise-I, Gopalganj, in connection with Kateya P.S. Case No. 329 of 2024 subject to the
Patna High Court CR. MISC. No.81115 of 2024(2) dt.27-11-2024 3/3 following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 his bail bonds. (Rajiv Roy, J) Adnan/- U T