Patna High CourtCR. MISC./4747/2023bail granted

Bikash Kumar v. The State Of Bihar

2023-03-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4747 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== BIKASH KUMAR S/O PRAMOD SINGH Resident of Village- Basganga, P.S.- Raghunathpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Dhanha P.S.Case No. 231 of 2022. The learned counsel for the petitioner has submitted that nothing was recovered from the vehicle of the petitioner, whereas the illicit liquor was recovered from the vehicle which was following the vehicle of the petitioner. The petitioner is in custody since 03.10.2022 and there is no criminal antecedent of similar nature against the petitioner. He has submitted further that, on similar footing, co-accused Vikki Kumar has been

Patna High Court CR. MISC. No.4747 of 2023(2) dt.24-03-2023 2/2 granted bail by a coordinate Bench of this Court in Cr.Misc.No. 66684 of 2022 under order dated 23.12.2022.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pramod Kumar, learned Special Judge, Escise, Bagaha, West Champaran in connection with Dhanha P.S.Case No. 231 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, 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.

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