Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30093 of 2024 Arising Out of PS. Case No.-405 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Vishal Kumar SON OF Vijay Chaudhary RESIDENT OF VillageShambhupatti, P.S.- Karpurigram Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 471/34 IPC & and Sections 30(a), 32, 41(1) of the Bihar Prohibition & Excise Act.

Prosecution case relates to recovery of total 6441 liters of illicit liquor from two trucks. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.30093 of 2024(2) dt.02-05-2024 2/3 has committed no offence. He has falsely been implicated in this present case. The petitioner was not apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused person or the seized illicit liquor. The petitioner is languishing in judicial custody since 15.03.2024. Moreover, the drivers of the alleged trucks have been granted bail vide order dated 07.07.2023 passed in Cr. Misc. No. 2998 of 2023.

Learned APP appearing for the State has vehemently opposed the prayer for bail of the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rivilganj P.S. Case No.405 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30093 of 2024(2) dt.02-05-2024 3/3 satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra.

(Sunil Kumar Panwar, J) Shageer/- U T