Vikash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.213 of 2019 Arising Out of PS. Case No.-254 Year-2016 Thana- GRIYAK District- Nalanda ====================================================== 1.

Vikash Kumar, Son of Vijay Singh @ Jai Singh Vill-Gogan, P.S-Akbarpur in the district of Nawada.

2.

Maruti Kumar, son of Subodh Kumar Vill-Chhachho Bigha, P.S-Katrisarai in the district of Nalanda.

3.

Bikash Kumar, son of Manorath Singh vill-Chhato, P.S-Manpur in the district of Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 This application, for grant of anticipatory bail, arises out of Giriak (Katrisarai) P.S. Case No. 254/16, disclosing offences under Sections 47(a)/53(c) of the Bihar Prohibition of Excise Act, 2016.

Allegation as per F.I.R is of recovery of 1180 M.L. of liquor from the joint hotel of co-accused Subodh Singh and Manoj Singh and there is further recovery of 18.6 litres from the house of Subodh Singh and 52.8 litres from the house of coaccused Navin Singh, petitioner no. 2 happens to be son of Subodh Singh and rest petitioners are his relatives and it is alleged that they are also engaged in sale and purchase of illegal

Patna High Court CR. MISC. No.213 of 2019(3) dt.28-02-2019 2/2 wine.

Submission of learned counsel for the petitioners is that the petitioners have no criminal antecedent and have falsely been made accused in this case only because they happen to be son and relatives of Subodh Singh and except that there is nothing against the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif, in connection with Giriak (Katrisarai) P.S. Case No. 254/16, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T