Ravi Prakash vs. The State Of Bihar

Held

The Court directed the release of the petitioner on bail. The reasoning appears to be based on the petitioner's status as a shopkeeper and his prior bail in similar cases. The Court granted bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Siwan. A specific condition was imposed: the bailor must be a shopkeeper registered with GST or an income tax payee. The Court did not expressly leave any issues undecided.

Facts

The petitioner, Ravi Prakash, is seeking bail in connection with Barharia P.S. Case No. 302 of 2018. He is accused of offences under Sections 272, 273, 308 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Excise and Prohibition Act, 2016. The prosecution alleges recovery of 15 liters of liquor from the petitioner's shop. The petitioner has been in custody since September 28, 2018. He has prior involvement in two similar cases where he was granted bail. The court is considering his release on bail.

Key Issues

1. Whether the petitioner, a shopkeeper, is entitled to be released on bail in connection with Barharia P.S. Case No. 302 of 2018, considering the recovery of 15 liters of liquor and his prior criminal antecedents. Petitioner's Argument: The petitioner's counsel argued that the petitioner is a shopkeeper and has been granted bail in previous similar cases. The recovery amount is relatively small (15 liters of liquor). Revenue/State's Argument: The judgment does not record any specific arguments made by the State/Opposite Party regarding the bail application.