Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22788 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== VIKASH KUMAR S/o Sri Munna Ram Resident of Village- Dakshin Telhua, P.S.- Nautan, District- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Nautan P.S. Case No. 415 of 2021 registered for the offence under Sections 272, 273, 328, 307, 304 and 120B of the Indian Penal Code and Sections 30(a), 37(b), 33 and 34 of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 17.11.2022.
The allegation against the petitioner is to commit culpable homicide not amounting to murder by
Patna High Court CR. MISC. No.22788 of 2022(2) dt.22-07-2022 2/3 serving/supplying spurious/illicit liquor.
Learned counsel appearing on behalf of the petitioner submitted that petitioner himself is victim of circumstances for the reason that FIR, itself speaks that the petitioner became ill after consuming the said alleged spurious liquor. It is submitted that admittedly, this is not a case of recovery of illicit liquor from conscious physical possession of the petitioner. It is submitted that there is no involvement of petitioner in serving of spurious liquor and further nothing surfaced during course of investigation, which may suggest that petitioner supplied spurious liquor to the deceased. It is also submitted that petitioner is involved in one other case, in which, he is on bail.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner himself became ill after consuming alleged spurious liquor, as per FIR.
Patna High Court CR. MISC. No.22788 of 2022(2) dt.22-07-2022 3/3 released on bail in connection with Nautan P.S. Case No. 415 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah/concerned court, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Suganti Devi who is the mother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T