Vikash Ray @ Vikash Kumar @ Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5465 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== Vikash Ray @ Vikash Kumar @ Vikash Rai, aged 22 years, Gender Male, Son of Raj Kumar Ray Resident of Village- Motipur, P.S.- Tajpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Dalsinghsarai P.S. Case No. 325 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As prosecution case, on suspicion, the policy party intercepted a Maruti Alto 800 vehicle and recovered 24.390 litre foreign liquor from the same but, all the three accused persons fled away from there.

The petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail application. Looking to the quantity of liquor recovered as also

Patna High Court CR. MISC. No.5465 of 2020(2) dt.02-03-2020 2/3 the petitioners having no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned 2nd Additional Sessions Judge cum Special Judge, Excise, Samastipur in connection with Dalsinghsarai P.S. Case No. 325 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. It is also made clear that if the petitioner is repeats the similar offence in future, the prosecution will be at liberty to file an application for cancellation of the bail.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 24.1.2020, then he would not be

Patna High Court CR. MISC. No.5465 of 2020(2) dt.02-03-2020 3/3 released.

(Shivaji Pandey, J) rishi/- U T