Ravi Singh @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71359 of 2019 Arising Out of PS. Case No.-217 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Ravi Singh @ Ravi Kumar S/o Sudhir Kumar Singh @ Sudhir Singh R/o village- Manirai Ka Tola, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Ara Muffasil (Dhobaha) P.S. Case No. 217 of 2018 registered for the offence punishable under Sections 30(a) and 37(b) of Excise Act.

43 lts. of foreign liquor is said to have been recovered from the bush standing near the brick-kiln and accused, Kamlesh Yadav was apprehended while another accused managed to escape. Apprehended accused divulged that the petitioner is running the licencee shop of liquor in U.P. from whom Manish Yadav and Nikesh Yadav had brought the liquor and he had purchased the aforesaid liquor form the aforesaid

Patna High Court CR. MISC. No.71359 of 2019(2) dt.18-12-2019 2/3 two persons.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or any trade of liquor. There is violation of Section 100 Cr.P.C. There is nothing cogent incriminating material on record indicating complicity of the petitioner in the occurrence barring the disclosure made by the apprehended accused Kamlesh Yadav. Petitioner does not run any liquor shop in U.P. rather the liquor shop is run by one Pradip Kumar as per the certificate of Excise Officer, Baliya and the report of S.H.O. Baliya. No offence under Excise Act is made out against the petitioner. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV-cum-Special Judge,

Patna High Court CR. MISC. No.71359 of 2019(2) dt.18-12-2019 3/3 Excise, Bhojpur at Ara in connection with Ara Muffasil (Dhobaha) P.S. Case No. 217 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T