Vishal Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22432 of 2020 Arising out of PS Case No.-121 Year-2020 Thana-Dumra District-Sitamarhi =========================================================== Vishal Gaurav, aged approx 23 years, male, Son of Shri Ramlala Singh, R/o Ward No. 10, Kailashpuri, P.S.-Dumra, District-Sitamarhi. ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. For the State : Ms. Asha Kumari, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 26.08.2020 Heard Mr. Ajay Kumar Thakur, learned Advocate for the petitioner and Ms. Asha Kumari, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Dumra P.S. Case No. 121 of 2020, dated

11.04.2020, instituted for the offences under Sections 47, 37(A) (B) and (C) of the Bihar Prohibition and Excise Act, 2016.

It appears from the First Information Report that a video went viral on the social media in which the petitioner and another were seen dancing with liquor bottles in their hands. On the basis of the aforesaid display of the video, the present case has been lodged.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case because of political rivalry as he is an active member of a political party. Apart from this, it has been submitted that the video, even if taken to be correct, does not disclose whether it was shot in the State of Bihar or somewhere else where the prohibition law is not in force.

In any view of the matter, regard being had to the nature of accusation and the fact that the petitioner is a person of clean antecedent, he, in the event of his arrest/surrender before the Court below within a period of eight weeks from today, is

directed to be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise, Siamarhi in connection with Dumra P.S. Case No. 121 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T