Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11997 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -GARDANIBAGH District- PATNA ======================================================

1. Vikash Kumar, S/o Late Ram Pravesh Rai @ Ram Pravesh Yadav, Resident of village- Yarpur Yogiya Toli, P.S.- Gardanibagh, Distt.- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Gardanibagh PS case no. 02 of 2018 registered for the offences punishable under Sections 38(i)(ii)/ 41(i) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 15 bottles containing 750 ml each of illicit liquor from the cow shed of the petitioner.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that Section 100 of Cr.P.C. has not been complied while seizing the said illicit liquor, hence the entire seizure is vitiated in the eye of law. It is further submitted that the petitioner is accused in one another case, however he is on bail in the

Patna High Court Cr.Misc. No.11997 of 2018 (2) dt.28-02-2018 2/2 said case.

Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Patna in connection with Gardanibagh PS case no. 02 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T