Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82700 of 2019 Arising Out of PS. Case No.-780 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Ravi Kumar Son of Late Ramu Shankar Singh Resident of New Diliyan, Ward No.20, P.S.- Dehri Nagar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Dehri (Town) P.S. Case No. 780 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

1607.130 litres of foreign liquor is alleged to have been recovered from the house of co-accused Rakesh Kumar @ Ghunda.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Name of petitioner has surfaced in this case on the basis of confessional statement of two co-accused persons

Patna High Court CR. MISC. No.82700 of 2019(2) dt.18-12-2019 2/3 who have disclosed to the police that this petitioner is one of the persons who fled away from the said place. Section 100 Cr.P.C has not been followed. Petitioner has got clean antecedent. There is no allegation of threat or tamper with the evidence. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No.

780 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.82700 of 2019(2) dt.18-12-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T