Patna High CourtCR. MISC./15031/2024bail granted

Vikash Kumar @ Vikky v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15031 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Vikash Kumar @ Vikky S/o Badlu Rai R/o vill - Bishunpur Kaiju, Vishanpur Kaiju, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patepur P.S. Case No. 303 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 506.16 litres of liquor was recovered from a bamboo garden.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the from an open place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody

Patna High Court CR. MISC. No.15031 of 2024(2) dt.04-03-2024 2/2 since 16.01.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur P.S. Case No. 303 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T