Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51131 of 2017 Arising Out of PS.Case No. -422 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Vikash Kumar, son of Late Shiv Mangal Ram, R/o village Dumarwana, Ward No. 19, P.S. Bairgania, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Complaint Case No. C2-422 of 2017/664 of 2017 for offences punishable under Section 30 of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the excise officials, is that the petitioner was apprehended near Indo-Nepal border with 15 litres of Nepali sophy wine. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is languishing in judicial custody since 18.07.2017. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the

Patna High Court Cr.Misc. No.51131 of 2017 (2) dt.03-11-2017 2/2 petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let 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 I/C 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Sitamarhi, in connection with Complaint Case No. C2-422 of 2017/ 664 of 2017.

(Nilu Agrawal, J) Rajesh/- U T