Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87668 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- BEUR District- Patna ====================================================== Ravi Kumar, S/o- Vishnu Prasad, resident of - Jay Prakash Nagar, Mandir Wali Gali, P.S. Jakkanpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Saurav Anand, Advocate.
For the State :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Beur P.S. Case No. 219 of 2024 dated 03.05.2024, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, 6.660 litres of foreign liquor has been recovered from the house of one Dipti Giri. However, as per statement of Dipti Giri, that liquor was purchased by the petitioner and kept in her room.
4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that co-accused Dipti Giri has falsely
Patna High Court CR. MISC. No.87668 of 2024(2) dt.08-01-2025 2/3 implicated the petitioner without implicating herself. As such, there is no evidentiary value of such statement of co-accused. He further submits that there no legal basis of implicating the petitioner and no prima facie case is made out against the him.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in in another case of similar nature.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judege Excise Act-I, Patna, in connection with Beur P.S. Case No. 219 of 2024, subject to the conditions as laid down under Section 438(2) Cr.PC and on the following
Patna High Court CR. MISC. No.87668 of 2024(2) dt.08-01-2025 3/3 conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any additional criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T