Patna High CourtCR. MISC./12938/2022bail granted

Vikash Kumar v. The State Of Bihar

2022-05-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12938 of 2022 Arising Out of PS. Case No.-1008 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== VIKASH KUMAR Son of Kamta Singh Resident of Village - Devgana, P.s.- Dawath, Distt.- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 293.25 liters of foreign liquor has been recovered from a Scorpio vehicle which was being driven by this petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner being driver of the vehicle was not aware of the nature of consignment transported by the vehicle and he was simply following the

Patna High Court CR. MISC. No.12938 of 2022(2) dt.06-05-2022 2/2 instruction of the owner of the vehicle in question. Petitioner claims clean antecedent and is in custody since 23.11.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Phulwarisharif PS case No.1008/2021.

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