Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11658 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Vikash Kumar, Son of Bharat Paswan, Resident of Village - Jagatpur, Ward No. 5, Police Station - Rahika, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State through Video Conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with G.O. Case No. 39 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegedly, about 243 litres of Nepali country made liquor was seized from a semi-built house said to be under the possession of the petitioner. The petitioner was apprehended from the spot along with co-accused.
Patna High Court CR. MISC. No.11658 of 2022(2) dt.01-07-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and he has noting to do with the alleged recovery. The witnesses of the seizure list are Government officials. Further, the petitioner is said to be helping the coaccused. The petitioner is in custody since 27.01.2022 and is having clean antecedent. The charge sheet has been submitted. Learned APP opposes the prayer for bail.
Having regard to the submissions made hereinabove and considering the fact charges heet has been submitted and further considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-II-cum-special judge, Excise Act, Madhubani in connection with G.O. Case No. 39 of 2022, subject to the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the
Patna High Court CR. MISC. No.11658 of 2022(2) dt.01-07-2022 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T