Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86351 of 2024 Arising Out of PS. Case No.-366 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Ravi Kumar S/O Raju Sharma R/O Vill.- Ward no. 36, Jadhua, P.S.- Town Hajipur, Dist.- Viashali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shabina Talat, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2025 Heard Ms. Shabina Talat, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Mahnar P.S. Case No. 366 of 2024 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 17.10.2024 by the informant, Vishwa Ranjan Singh.
3. As per the prosecution story, the informant alleged that in course of vehicle checking, one Kia Car was intercepted and recovered/seized 535 liters of beer from the vehicle which led to the FIR, arrest of the accused.
4. Learned counsel for the petitioner submits that he being the driver, had no knowledge about the presence of the liquor, has no criminal antecedent and is in custody since 18.10.2024 (paragraph 4 of the petition). Further, Vikash Kumar has been extended bail in Cr. Misc. No. 80751 of 2024. The last
Patna High Court CR. MISC. No.86351 of 2024(2) dt.21-02-2025 2/3 submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs. 20,000/- to the District Legal Services Authority, Vaishali at Hajipur for the beautification of Civil Court Campus of Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that the car was intercepted and the petitioner was part of it.
6. Taking into account the aforesaid facts as also the fact that the petitioner does not own the car, is in custody since 18.10.2024 (para-4 of the petition) having no criminal antecedent, this Court is inclined to extend him the privilege of bail subject to payment of Rs. 20,000/- to the District Legal Services Authority, Vaishali at Hajipur for the beautification of Civil Court Campus of Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India and the receipt of the same shall be submitted to the Trial Court by DLSA, Vaishali at Hajipur.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Prohibition and Excise Court No.02-cum- Additional District & Sessions Judge, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 366 of 2024 subject to the following conditions:
Patna High Court CR. MISC. No.86351 of 2024(2) dt.21-02-2025 3/3 (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.
8. Let a copy of the order be sent to the Principal District Judge, Vaishali for his perusal and needful. (Rajiv Roy, J) Vijay Singh/- U T