Vikash Kumar @ Vikash Yadav @ Vikash Kumar Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24985 of 2024 Arising Out of PS. Case No.-570 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Vikash Kumar @ Vikash Yadav @ Vikash Kumar Raj S/o Kameshwar Yadav @ Rameshwar Prasad Yadav @ Rameshwar Yadav R/o Gauravgarh, ward no. 06, P.S. and Distt. - Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Verma, Adv For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2024 Heard Mr. Sanjeev Verma, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 420, 467, 468, 469, 120B and 34 of the IPC and 30 (a) of Bihar Prohibition and Excise Act, 2016.
3. Altogether 492.12 liters of foreign liquor is said to have been recovered from a pick up van. The allegation against the petitioner is that after seeing the police, he fled away from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.24985 of 2024(2) dt.27-03-2024 2/3 physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of secret information. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Supaul P.S. Case No.570 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.24985 of 2024(2) dt.27-03-2024 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Mahavir Cancer Sansthan.
(Anjani Kumar Sharan, J) shikha/- U T