Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16651 of 2020 Arising Out of PS. Case No.-310 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Vikash Kumar, aged about 18 years, male, Son of Ramjee Ray, Resident of Village - Saidabad, P.S.- Fatehpur, District - Vaishali, at present residing at Village - Jafrabad Tok, Ward No.- 01, P.S.- Raghopur, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2020 Heard the counsel for the parties.

The petitioner seeks bail in connection with Special Case No. 672 of 2020 arising out of P.R. Case No. 310 of 2020 instituted for the offences under Sections 30(a), 32(i), 32(iii), 41(i) and 41(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

400 litres of liquor is said to have been recovered from a three-wheeler which was being driven by the petitioner.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.16651 of 2020(3) dt.03-06-2020 2/2 that though he is named in the F.I.R., but without investigating the real fact he has been made accused in this case. The three-wheeler was being driven by the petitioner on the instruction of the owner of the vehicle. The petitioner had no idea that the consignment which he was asked to load and transport was that of liquor.

The petitioner is in custody since 19.01.2020 and does not have criminal antecedents.

Considering the facts aforestated, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 672 of 2020 arising out of P.R. Case No. 310 of 2020.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T