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Patna High CourtCR. MISC./79016/2019bail granted

Ravi Kumar v. The State Of Bihar

2019-12-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79016 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAVI KUMAR S/o Ramesh Kumar, R/o Village - Pundri, P.S.- Pundri, District - Kethal @ Kaithal (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking bail in connection with Gaighat P.S. Case No.305 of 2019 registered for offence punishable under sections 272, 273, 414/34 of the Indian Penal Code and sections 30 (a), 38, 41 of the Bihar Prohibition and Excise Act.

The police, while patrolling, arrived to Kari Chowk at about 3:30 a.m., they saw that a four wheeler of white colour was standing by the side of road and when the police party reached near to the vehicle, two persons started fleeing away, but one of the person has been arrested, who disclosed the name as Ravi Kumar, petitioner. On search of the vehicle, 233.460 ml litres of foreign liquor has been recovered from where. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79016 of 2019(2) dt.04-12-2019 2/2 the petitioner was merely standing outside the vehicle and has nothing to do with the said liquor, inasmuch as, the petitioner submits that he is in jail since 09.09.2019 having no criminal antecedent as per the statement made in paragraph 3 of this application.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No.305 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the relief granted in the present case will be treated to have been withdrawn. (Shivaji Pandey, J) Mahesh/- U T