Patna High CourtCR. MISC./15060/2024bail granted

Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15060 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- BEUR District- Patna ====================================================== Vikash Kumar @ Vikash Kumar Yadav Son Of Sateyndra Ray Resident Of Village - Sipara Bathani, Police Station - Beur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Beur P.S. Case No. 235 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, 550 liters liquor was recovered from two different vehicles.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is

Patna High Court CR. MISC. No.15060 of 2024(2) dt.04-03-2024 2/2 neither driver nor owner of any of the seized vehicles and name of the petitioner has transpired from the confessional statement of co-accused person. The petitioner is in custody since 25.12.2023 and has got six criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 235 of 2023.

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