Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25661 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- NADI P.S. District- Patna ====================================================== VIKASH KUMAR, aged about 20 years, Male, S/o Balchandra Ray @ Balchan Ray, R/o Village/Mohalla- Saidabad, P.S.- Raghopur, DistrictVaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Special Case No. 2639 of 2019 arising out of Nadi P.S. Case No. 63 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during the course of vehicle checking, the tempo of the petitioner was intercepted and on search 80 liters of country made liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession. The illicit liquor belong to some passenger and he is languishing in judicial custody since 12.03.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.25661 of 2019(2) dt.23-04-2019 2/2 Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 2639 of 2019 arising out of Nadi P.S. Case No. 63 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna, or the successor Court, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T