Patna High CourtCR. MISC./40284/2021bail granted

Vikash Kumar v. The State Of Bihar

2022-01-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40284 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== VIKASH KUMAR S/o Rajo Sah R/o village- Laxmipur Ward No. 5, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and Ms. Sangeeta Sharma, the learned APP for the State. The petitioner seeks regular bail in connection with Birpur PS case no. 73 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of illicit liquor from the asbestos house of one co-accused person namely Rajo Sah and the petitioner is stated to have been caught by the police while he was fleeing away and 05 liters of illicit liquor was recovered from him.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the

Patna High Court CR. MISC. No.40284 of 2021(2) dt.03-01-2022 2/2 petitioner has further submitted that the petitioner is languishing in custody since 05.06.2021.

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 parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, 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 court of Additional Sessions Judge-II-Special Judge (Excise), Begusarai in connection with Birpur PS case no. 73 of 2021.

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