Court granted bail to petitioner accused of liquor smuggling under Bihar Prohibition and Excise Amendment Act, subject to conditions including bail bond and attendance requirements.
Petitioner released on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount each subject to specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37450 of 2023
Arising Out of PS. Case No.-165 Year-2023 Thana- MUFFASIL District- Aurangabad
======================================================
RAVI KUMAR @RAVI KIRAN SON OF DILIP SINGH RESIDENT OF VILLAGE - BALIYA, POLICE STATION - AMBA, DISTRICT - AURANGABAD
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamlendra Pd. Singh For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Aurangabad Muffasil P.S. Case No. 165 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.
As per prosecution case, there is alleged recovery of 174.780 liters country made Tanaka liquor from the vehicle in question. Petitioner is apprehended on spot.
Learned counsel for the petitioner submits that petitioner is in custody since 22.04.2023. Petitioner bears one criminal antecedent which is not of similar nature. Learned counsel further submits that the petitioner is innocent and has
Patna High Court CR. MISC. No.37450 of 2023(2) dt.15-06-2023 2/3
committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise – I, Aurangabad in connection with Muffasil P.S. Case No. 165 of 2023, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.37450 of 2023(2) dt.15-06-2023 3/3
move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.
1 provisions across 1 enactments
Ravi Kumar @ Ravi Kiran Son of Dilip Singh
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
