Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4516 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== VIKASH KUMAR Son of Yogi Rai, Resident of Village - Rampur, P.S.- Raghopur, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Special Case No. 7548/2021, arising out of Didarganj P.S. Case No. 239/2021 registered for offence punishable under sections 279, 337, 338 of the Indian Penal Code and section 30 (a)/ 76 of the Bihar Prohibition and Excise Act. As per allegation, 270 litres of liquor was recovered from a 'Toyota' vehicle. As per allegation, the petitioner was present in that vehicle.

Patna High Court CR. MISC. No.4516 of 2022(2) dt.24-05-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is driver of that vehicle, he is a person of clean antecedent and he is under custody since 19.01.2021. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 7548/2021, arising out of Didarganj P.S. Case No. 239/2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.4516 of 2022(2) dt.24-05-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T