Bikesh Kumar @ Bikesh Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59923 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Bikesh Kumar @ Bikesh Kumar Roy, S/o Bipin Roy, Resident of VillageSuryapura, P.S. Bhagwanpur , District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Sada Nand Roy, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Dharmendra Kumar, learned counsel assisted by Sri Sada Nand Roy, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Bhagwanpur P.S. Case No. 148 of 2018, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset learned counsel for the petitioner has drawn my attention to the statement made in paragraph -3 of the petition to show that petitioner is having clean antecedent. Learned counsel for the petitioner further has argued that in this case nothing was recovered from the premises of the petitioner. Police has falsely made the petitioner as accused on an accusation as if Police had got information that petitioner had kept huge quantity of Indian make foreign liquor in the house

Patna High Court Cr.Misc. No.59923 of 2018(2) dt.06-10-2018 2/2 of one Ram Shankar Roy. Though raid was conducted in the house of the petitioner nothing was shown to be recovered and subsequently recovery was made from the house of Ram Shankar Roy. He further submits that Ram Shankar Roy from whose house recovery was affected has not named the petitioner.

In view of the facts and circumstances particularly the fact that nothing was recovered from the premises of the petitioner and clean antecedent of the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Bikesh Kumar @ Bikesh Kumar Roy 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 Additional Sessions Judge II, Begusarai cum Special Judge , Bihar Prohibition & Excise Act 2016 / concerned court in connection with Bhagwanpur P.S. Case No. 148 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

praful/- (Rakesh Kumar, J) U T