Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12597 of 2022 Arising Out of PS. Case No.-14 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Vikash Kumar Son of Sanjay Rai @ Sanjay Kumar Ray Resident of Village - Salempur, P.s.- Lalganj, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Vaishali P.S. Case No. 14 of 2020, registered for the offence punishable punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

150 litres of country made liquor has been recovered from a vehicle and petitioner has been named in this case on the basis of confessional statement of co-accused who was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 15.01.2022. Investigation is complete.

Patna High Court CR. MISC. No.12597 of 2022(2) dt.06-05-2022 2/2 Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar nature.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

With above observation, the petition stands disposed of.

(Prabhat Kumar Singh, J) vinita/- U T