Ravi Mallik vs The State Of Bihar
2021 Latest Caselaw 691 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37564 of 2020
        Arising Out of PS Case No.-150 Year-2020 Thana- ARARIA District- Araria
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Ravi Mallik, Male, Aged about 25 years, Son of Debendra Mallik @ Devendra Basfor, Resident of Village- Champahari, PS- Pradhan Nagar, District- Darjiling.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Baleshwar Kamat, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned In-charge

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

2. The petitioner is in custody in connection with Araria

(Bairgachhi) PS Case No. 150 of 2020 (Special Case No. 194 of

2020) dated 19.02.2020, instituted under Sections 30(a) and 38 of

the Bihar Prohibition and Excise Act, 2016.

3. The allegation is that the petitioner was driving the

pick-up van from which 832.680 litres of liquor was recovered.

4. Learned counsel for the petitioner submitted that he

was only a driver and was not aware of what was kept in the Patna High Court CR. MISC. No.37564 of 2020 dt.05-02-2021

vehicle and by whom. It was further submitted that the petitioner

has no criminal antecedent and is in custody since 19.02.2020.

5. Learned APP submitted that liquor was recovered

from the pick-up van being driven by the petitioner.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional Sessions

Judge-II cum-Special Judge, Araria in Araria (Bairgachhi) PS

Case No. 150 of 2020 subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent Patna High Court CR. MISC. No.37564 of 2020 dt.05-02-2021

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T