Vikash Kumar @ Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20240 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Vikash Kumar @ Vikash Singh, Son Of Kapil Rai @ Kapil Singh Resident Of Village - Kanchanpur (Rahimapur), P.S.- Bidupur, District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(i), 32(3), 41(1), 41(2) of the Excise Act. The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and the allegation is of recovery of 176.760 litre of foreign liquor from Satya Narain Singh's Banana plantation, who is a co-accused. The learned counsel for the petitioner submits that nothing was recovered from his conscious possession, nor Banana plantation belongs to the petitioner. He came to be implicated because of his antecedent based on the disclosure

Patna High Court CR. MISC. No.20240 of 2022(2) dt.05-08-2022 2/2 made by the local people and witnesses, who said that the entire liquor belongs to the petitioner. The learned counsel submits that it absolutely does not stand to reason that if the liquor belonged to the petitioner why Satya Narain Singh would have allowed him to keep the same in his Banana plantation. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, 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 the learned Court below where the case is pending in connection with C2A Case No.238 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T