Vikash Kumar Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25550 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== VIKASH KUMAR SINGH @ PAPPU SINGH Son of Late Ram Naresh Singh Resident of Manipur, P.S.- Wairsnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2020 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. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State. The petitioners seek regular bail in connection with Baheri PS case no. 155 of 2020 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The informant is stated to have received secret information that one Kunj Bihari is going to engage in a big deal of trafficking of illicit liquor with the petitioner herein, whereafter the informant had conducted a raid along with his police team and 510.840 liters of illicit liquor was recovered from a pick-up van.

Patna High Court CR. MISC. No.25550 of 2020(2) dt.01-10-2020 2/3 It is further alleged that one another Scorpio vehicle was also present there, which was being driven by the petitioner, however nothing was recovered from the said Scorpio vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and though, he is an accused in one other case but he is on bail in the said case. The petitioner is stated to be languishing in custody since 24.06.2020. It is further submitted that admittedly, the petitioner is the driver of the Scorpio vehicle and no recovery has been made from the said vehicle, as far as illicit liquor is concerned. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that admittedly, the petitioner is the driver of the Scorpio vehicle and no recovery has been made from the said Scorpio vehicle, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cum-Special Judge,

Patna High Court CR. MISC. No.25550 of 2020(2) dt.01-10-2020 3/3 Excise, Darbhanga in connection with Baheri PS case no. 155 of 2020.

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