Vikram Tiwari @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22547 of 2025 Arising Out of PS. Case No.-452 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vikram Tiwari @ Vikram Kumar S/o Ramadhar Tiwari @ Arvind Tiwari, S/o Village- Bakarpur, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Sinha, Advocate For the State :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-04-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Hajipur Sadar P.S. Case No. 452 of 2023, dated 11.06.2023 registered for the offences punishable under Sections 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 32(2), 36 and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 4892.4 litre of illicit liquor has been recovered from truck bearing registration GJ-06BV-4552.
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the personal possession of the petitioner and even the truck does
Patna High Court CR. MISC. No.22547 of 2025(2) dt.30-04-2025 2/3 not belong to him. He further submits that the petitioner is no way connected with the alleged offence and his name has transpired in the confessional statement of the co-accused, which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Hajipur Sadar P.S. Case No. 452 of 2023, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
Patna High Court CR. MISC. No.22547 of 2025(2) dt.30-04-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T