Vikash Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.28784 of 2017 (3) dt.03-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28784 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Vikash Kumar Son of Ashok Sah, Resident of Chillhai Rampur, P.S.- Teghra, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 03.04.2017 in connection with Teghra P.S. Case No. 102/17, G.R. No. 1051 of 2017 for offences punishable under Sections 30/30-A of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel is that on a secret tip off that huge consignment of foreign liquor is being transported, the police intercepted one truck, three cars and one motorcycle and from the Scorpio Car about 221 liters of foreign liquor was seized in which petitioner and co-accused Gaurav Kumar were sitting and accordingly, a seizure list was prepared.
Patna High Court Cr.Misc. No.28784 of 2017 (3) dt.03-08-2017 It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He submits that another co-accused, who was apprehended along with petitioner, has since been granted privilege of bail by a co-ordinate Bench of this Court in Cri. Misc. No. 28388 of 2017 on 07.07.2917. He further submits that provision of Section 100 of Cr.P.C. has also not been complied.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th Begusarai-cum-Special Judge Bihar Prohibition and Excise Act, 2016, in connection with Teghra P.S. Case No. 102 of 2017, G.R. No. 1051 of 2017. (Nilu Agrawal, J) sushma/- U T