Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19224 of 2020 Arising Out of PS. Case No.-223 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== VIKASH KUMAR Son of Chandradeo Sahni Resident of Village - Madhuban Kanti, P.S. - Minapur, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Mithanpura P.S. Case No.223 of 2017 registered for the offence punishable under Sections 290, 420, 379, 120(B)/34, 467 and 468 of the Indian Penal Code, Section 30(A) of the Bihar Prohibition and Excise Act and Section 66 of the I.T. Act. It transpires from the First Information Report that four persons were apprehended by the police on the basis of secret information that they had assembled somewhere and were planning to commit some crime. It is alleged that from the possession two persons some illicit liquor was recovered. As per the First Information Report they are said to have disclosed the names of 55 persons, with whom they used to commit crime. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.19224 of 2020(2) dt.08-06-2020 2/2 that the said four persons have been allowed regular bail by this Court by orders dated 12.09.2017 passed in Cr. Misc. No. 42271 of 2017, dated 19.09.2017 passed in Cr. Misc. No. 43043 of 2017 and 18.10.2017 passed in Cr, Misc. No. 50787 of 2017. Some other similarly circumstances co-accused persons have also been allowed bail by this Court. He has submitted that nothing incriminating has been recovered from the petitioner's possession, who has been implicated only on the basis of disclosures made by other co-accused persons, that too, of vague nature.

Considering the above noted submissions, a case for grant of regular bail is made out. This application is accordingly allowed.

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 the learned Special Judge, Excise Act, Muzaffarpur, in Mithanpura P.S. Case No. 223 of 2017.

(Chakradhari Sharan Singh, J) Pawan/- U T