Vikash Kumar Giri @ Rakesh Kumar Giri @ Tun Tun Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4783 of 2025 Arising Out of PS. Case No.-249 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== VIKASH KUMAR GIRI @ RAKESH KUMAR GIRI @ TUN TUN GIRI Son of Late Arvind Giri Resident of village - Giri Tola, Jitwariya, P.S.- Kalyanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 249 of 2023 dated 06.08.2023 registered for the offences punishable u/ss 30(a), 32(3), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 952.2 litres of illicit foreign liquor was recovered from the pick-up van and the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Dilip Giri and Bittu Mahto. The

Patna High Court CR. MISC. No.4783 of 2025(2) dt.04-03-2025 2/2 petitioner has no concern with the alleged recovery rather the recovery has been made in front of the house of the co-accused, Dilip Giri. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by this court vide order dated 30.11.2023 passed in Cr. Misc. No. 83543 of 2023. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Kalyanpur P.S. Case No. 249 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T