Ravikant Kumar @ Ravi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68499 of 2019 Arising Out of PS. Case No.-331 Year-2019 Thana- PATORI District- Samastipur ====================================================== RAVIKANT KUMAR @ RAVI SINGH S/o Mohan Singh Resident of Assrafpur Supaul, Patori, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

The petitioner apprehends his arrest in Patori P.S. case No. 331/2019 registered under Section 272, 273/34 of the IPC and u/s 30(a) of the Bihar Prohibition & Excise Act. The informant disclosed that he got inputs that Chunchun Singh and Ritesh Singh are indulged in illicit trade of liquor for last many months. They also got the consignment of liquor from Haryana in the night. On such information, a raid was conducted in the poultry firm of Chunchun Singh and Ritesh Singh situated in village Assrafpur, Supaul and one truck was found parked there but on seeing the police the accused persons started fleeing away. On chase, one Awadhesh Rai was apprehended who disclosed that Chunchun Singh and Ritesh Singh are own brothers and they had brought the consignment of liquor from Haryana on truck. Ajit Singh, Ravi Singh, the petitioner, Sonu Singh and Raushan Singh are partners of Chunchun Singh and Ritesh Singh. Ritesh Singh had called labourers from the village of his maternal uncle for unloading

Patna High Court CR. MISC. No.68499 of 2019(3) dt.18-12-2019 2/3 the consignment.

The learned counsel for the petitioner submits that truck was parked in front of poultry firm of Chunchun Singh and Ritesh Singh. The recovery of huge quantity of liquor was made from the truck parked near the poultry firm of Chunchun Singh and Ritesh Singh. Awadhesh Rai disclosed the name of the petitioner as one of the partners of Chunchun Singh and Ritesh Singh along with Ajit Singh, Sonu Singh and Raushan Singh. Nothing has been recovered from the conscious possession of the petitioner or any place owned by the petitioner. Similarly situated accused, Sonu Singh and Raushan Singh, who are alleged to be partners of Chunchun Singh and Ritesh Singh, have already been granted anticipatory bail vide order passed in Cr. Misc. No. 69390 of 2019 by a coordinate bench of this court and the case of the petitioner stands on the same footing.

The learned APP, however, opposed the prayer for anticipatory bail and submitted that huge quantity of liquor was recovered.

From perusal of the FIR and seizure list, it appears that police raided a place situated near the poultry firm of Chunchun Singh and Ritesh Singh and a truck was found parked there and huge quantity of liquor was recovered. On chase, one Awadhesh Rai was apprehended and he disclosed that it were Chunchun Singh and Ritesh Singh, who had brought consignment of huge quantity of liquor on a truck from Haryana. Awadhesh Rai further disclosed that petitioner, Ravi Singh, Ajit Singh, Sonu Singh and Raushan Singh are business partners of Chunchun Singh and Ritesh Singh. Sonu Singh and Raushan Singh, who are also alleged to be business partners of

Patna High Court CR. MISC. No.68499 of 2019(3) dt.18-12-2019 3/3 Chunchun Singh and Ritesh Singh, have already been granted anticipatory bail and the case of petitioner stands on the same footing.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Samastipur in connection with Patori P.S. case No. 331/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T