Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12736 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== VIKASH KUMAR Son of Umesh Ray Resident of Village- Jadhua, P.S.- Town Hajipur, Distt- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of the defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Industrial Area P.S. Case No.147 of 2020, registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 1719 litres

Patna High Court CR. MISC. No.12736 of 2021(2) dt.03-12-2021 2/3 of foreign liquor was recovered from a truck and 72 litres of foreign liquor was recovered from a Maruti Dzire vehicle. The petitioner is not apprehended at the spot and the apprehended accused disclosed the name of the petitioner. It is further submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is agreed to deposit a sum of Rs.50,000/- (rupees fifty thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna.

In the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judgecum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Industrial Area P.S. Case No.147 of 2020, subject to the conditions:

Patna High Court CR. MISC. No.12736 of 2021(2) dt.03-12-2021 3/3

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.50,000/- (rupees fifty thousand) in the Chief Minister Relief Fund Bihar.

(Anjani Kumar Sharan, J.) Sanjay/- U T