Vikash Kumar @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10786 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== VIKASH KUMAR @ VIKAS KUMAR S/O LAKSHMAN SINGH R/vKoirpurwa, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 134 liters illicit liquor from a vehicle bearing Registration no. HR26AK2647and the petitioner is alleged to be apprehended at spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner is neither owner nor driver of the seized vehicle he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.10786 of 2023(2) dt.04-05-2023 2/2 possession of the petitioner. Moreover, similarly situated coaccused namely, Md. Safique has already been granted bail by this Court vide order 18.4.2023 passed in Cr. Misc. No. 10634 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 3.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar (Muffasil) P.S. Case No. 4 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No.1, Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T