Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1324 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== VIKASH KUMAR Son of Ramakant Singh Resident of Village - Harkhauli, P.S.- Mirganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 The counter affidavit filed by the District Magistrate, Gopalganj, in person, in the light of order dated 29.01.2020 is accepted.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Uchakagaon P.S. Case No. 273 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accusation is that on receiving the secret information about carrying of illicit liquor loading on the vehicle, the informant along with other Police personnel started checking of the vehicle. At that time, one Scorpio vehicle was seen coming. On giving signal to stop the vehicle, 3-4 persons started fleeing getting down from the Scorpio, but
Patna High Court CR. MISC. No.1324 of 2020(4) dt.29-05-2020 2/3 out of them one person was apprehended, who disclosed his name Madho Kumar. On search, several pouches in volume of 253.400 Liters of country made liquor recovered from the said Scorpio vehicle. The apprehend person also disclosed the name of his other three associates as Vikash Kumar (Petitioner), Dipu Singh and Ritesh Yadav, who succeeded to flee away.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended on the spot, rather, his name and name of two others were disclosed by Madho Kumar, driver of the Scorpio vehicle from which the alleged country made liquor are said to be recovered. Further submission is that, in fact, petitioner is accused in several other cases, as detailed in paragraph No.3, due to that reasons, the Police implicated the petitioner in this case. The petitioner is in custody since 20.11.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 the learned Addl. District and Sessions Judge-IIcum-Special Judge, Excise Gopalganj in connection with
Patna High Court CR. MISC. No.1324 of 2020(4) dt.29-05-2020 3/3 Uchakagaon P.S. Case No. 273 of 2019.
(Rajendra Kumar Mishra, J) manish/- U T