Vikash Kumar @ Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32647 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== VIKASH KUMAR @ VIKASH PASWAN S/o Binod Paswan R/o Nayagaon, P.S.- Pirbahore, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Prasad Singh For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Special Case No. 2200 of 2021, arising out of Pirbahore Police Station Case No. 134 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that one scooty, which was being driven by the petitioner, was intercepted by the police and recovered a total quantity of 70 litres of illicit liquor from the said scooty. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32647 of 2021(2) dt.20-12-2021 2/3 petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the petitioner is not the owner of the said scooty and from perusal of the First Information Report, it would be evident that the petitioner has been arrested by the police on chase. He next submits that the petitioner is in custody since 20.03.2021, having no criminal antecedent, and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner is not the owner of the scooty from where the illicit liquor has been recovered, he has got no criminal antecedent, charge sheet has already been submitted and the petitioner is in custody since 20.03.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Vikash Kumar @ Vikash Paswan, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in

Patna High Court CR. MISC. No.32647 of 2021(2) dt.20-12-2021 3/3 connection with Special Case No. 2200 of 2021, arising out of Pirbahore Police Station Case No. 134 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T Ț