Vikash Kumar @ Bhoma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13336 of 2023 Arising Out of PS. Case No.-497 Year-2022 Thana- BEUR District- Patna ====================================================== VIKASH KUMAR @ BHOMA SON OF DHURI RAI R/O VISHUNPUR PAKRI, P.S.- BEUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 16.10.2022, in connection with Special Case No. 6421 of 2022, arising out of Beur P.S. Case No. 497 of 2022, F.I.R. dated 03.10.2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The case relates to recovery of 162 litres of country made Mahua liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house of the petitioner rather

Patna High Court CR. MISC. No.13336 of 2023(3) dt.26-06-2023 2/3 recovery has been made from the vehicle in question and there is non compliance of Section 100 of the Cr. P.C. He further submits that the petitioner has no concern at all with the alleged recovery or the vehicle in question and the police after investigation submitted chargesheet against the petitioner and the petitioner has been remanded in the present case from Beur P.S. Case No. 516 of 2022 and he is in custody since 16.10.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, nothing has been recovered from the conscious possession of the petitioner and he has no concern at all with the alleged recovery, let the petitioner, above named, 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 learned Special Judge, Excise, Patna in connection with Special Case No. 6421 of 2022 arising out of Beur P.S. Case No. 497 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.13336 of 2023(3) dt.26-06-2023 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U