Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4307 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- MIRGANJ 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.Shyama Kant Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mirganj P.S. Case No. 55 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret information about carrying of liquor by Vikash Kumar (petitioner) and Md. Azim near Hathua Sugar Mill, Mirganj and keeping the same in the orchard, the informant along with other police personnel reached there. On seeing the police party, two persons succeeded to flee away. On search, 17 cartoons each containing 48 bottles of 180 ml Indian made foreign liquor

Patna High Court CR. MISC. No.4307 of 2020(2) dt.23-01-2020 2/2 recovered from the orchard. The persons present there disclosed the name of petitioner and Md. Azim, who succeeded to flee away.

Learned counsel for the petitioner submits that while petitioner is accused in six other cases, as detailed in para 3 of of the petition due to that reason petitioner has falsely been implicated in the present case. It is further submitted that 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Mirganj P.S. Case No. 55 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T