Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10831 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -BIHTA District- PATNA ====================================================== VIKAS KUMAR Son of Late Mahavir Prasad, Resident of Khedalpura, Police Station- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2017 Heard both sides.

The petitioner apprehends his arrest in Bihta P.S. Case No. 16 of 2017 registered under Sections 30(a), 37(a)(b)(c) of Bihar Prohibition and Excise Act.

The police apprehended three persons, namely, Sanju Chauhan, Sanjay Chauhan and Sunil Mistry and from their possession, 45 litres of country made liquor was seized. The police further got information that somebody was selling the foreign liquor and when raid was conducted, two persons started fleeing away from the spot and on chase, one person was apprehended who disclosed his name as Chandan Kumar and the name of petitioner who fled away.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.10831 of 2017 (2) dt.16-03-2017 2/2 petitioner was not apprehended on the spot and nothing was recovered from possession of the petitioner. The name of the petitioner figured in the statement of Chandan Kumar from whom the petitioner is on inimical term and the petitioner has no criminal antecedent.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, is directed to be enlarged 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 A.C.J.M., Danapur, Patna in connection with Bihta P.S. Case No. 16 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Prabhat Kumar Jha, J) BTiwary/- U T