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Ravi Raj @ Ravi Choudhary v. The State of Bihar

Patna HC21 Apr 2023CR. MISC./10643/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case concerning the recovery of wine under the Bihar Prohibition and Excise Act, 2016, directing surrender within twelve weeks.

What did the court decide?

Released on anticipatory bail by surrendering within twelve weeks on furnishing a bond of Rs. 10,000 with two sureties to the Exclusive Special Excise Court IInd, Siwan.

Ravi Raj @ Ravi Choudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10643 of 2023

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Arising Out of PS. Case No.-450 Year-2022 Thana- SIWAN MUFFASIL District- Siwan

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======================================================

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Ravi Raj @ Ravi Choudhary Son of Rampreet Yadav Resident of village - Ward No.- 02 Jiyay, P.S.- Muffasil Siwan, Distt.- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mrs.Kumari Anupam, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 21-04-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections 30(a), 41(i), 45 of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 315 liters wine is recovered.

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It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 315 liters wine is recovered from

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Patna High Court CR. MISC. No.10643 of 2023(2) dt.21-04-2023 2/2

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the car. The car in question does not belong to the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

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On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court IInd, Siwan in connection with Siwan Muffasil P.S. case No.450/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Narendra/-

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(Sudhir Singh, J)

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U T

Ravi Raj @ Ravi Choudhary v. The State of Bihar

Case brief

What is this about?

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Ravi Raj @ Ravi Choudhary v. The State of Bihar

Case brief

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What did the court decide?

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