Vimal Kumar @ Vimal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35268 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Vimal Kumar @ Vimal Yadav Son of Mahadev Yadav Resident of VillageLaxmanbagh Fulwariya, P.S- Madhusudanpur Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhu Prasun, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sanhaula P.S. Case No. 37 of 2024 dated 11.03.2024 corresponding to Special Excise Case No. 1129/ 2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 91.125 litres of illicit foreign liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. The petitioner is not the owner of the said vehicle and the same was not being driven by the petitioner at the time of the alleged

Patna High Court CR. MISC. No.35268 of 2024(2) dt.08-05-2024 2/2 recovery. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 12 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sanhaula P.S. Case No. 37 of 2024 Special Excise Case No. 1129 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-G U T