Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44564 of 2017 Arising Out of PS. Case No.-376 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Vikash Kumar , son of Shri Satyadeo Prasad , resident of mohalla Killa, Police Station- Bettiah Town (Kalibag O.P.), District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Brij Kishor Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner apprehending his arrest in Bettiah Town ( Kalibag O.P.) P.S. Case No. 376 of 2017 registered for the offence under section 272, 273 of the Indian Penal Code , 1860 and Section 30, 34, 36 of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that one unclaimed Maruti Van was seized by the Police and it was shown as if petitioner was fleeing away. It has categorically been stated in the petition that the seized Maruti Van does not belong to the petitioner . Learned counsel for the petitioner

Patna High Court Cr.Misc. No.44564 of 2017(2) dt.21-09-2017 2/2 submits that petitioner is having clean antecedent and this fact has been stated in paragraph no. 3 of the petition. He accepts that from the Maruti Van huge quantity of Indian make foreign liquor was recovered.

In view of the peculiar facts and circumstances as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Vikash Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise , Bettiah , District- West Champaran/ concerned court in connection with Bettiah Town ( Kalibag O.P.) P.S. Case No. 376 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T