Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30316 of 2020 Arising Out of PS. Case No.-326 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== VIKASH KUMAR S/o Late Ram Badan Prasad R/o Mohalla-Ashok Nagar, Road No.07, Ward No.18, P.S.-Kankarbagh, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satrudhan Kumar, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Sangeeta Sharma, the learned APP for the State.

The petitioner seeks regular bail in connection with Akamganj P.R. Case No. 326 of 2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.30316 of 2020(2) dt.24-11-2020 2/3 The allegation is regarding recovery of 143.280 liters of illicit liquor from a car, which was being driven by the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 01.03.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also considering the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30316 of 2020(2) dt.24-11-2020 3/3 satisfaction of learned Special Judge, Excise, Patna in connection with Alamganj P.R. Case No. 326 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T