Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.146 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Ravish Kumar Son Of Late Jhakash Yadav R/O Village- Laxamipur, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Bilochan, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with Excise P.S. Case No. 495C2 of 2022 dated 06.11.2022 registered for the offences punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Act.

4. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of total 40 litres of country-made liquor from the alleged vehicle but nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.146 of 2023(2) dt.25-04-2023 2/2 this petitioner and in the FIR itself, nothing has been said about the alleged vehicle that it belongs to the petitioner and in fact the petitioner has been dragged in this case due to village politics and there is no independent witness of the search and seizure of the alleged liquor. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 07.11.2022 and he is a young person.

5. Learned APP appearing for the State has opposed the bail prayer.

6. In view of the facts, as stated above and mainly considering the petitioner's fair and clean antecedent, his custody period as well as his young age, in my opinion the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Excise P.S. Case No. 495C2 of 2022.

(Shailendra Singh, J) annu/- U T