Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31786 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- PATNA GRP CASE District- Patna ====================================================== 1.

VIKASH KUMAR Son of Shri Rajendra Sao @ Rajendra Sah @ Rajendra Prasad Gupta Resident of Village - Murli, Ward No. 3, P.S.- Kishanpur, District- Supaul 2.

Mantu Sao Son of Sri Ishwar Sao @ Ishwar Sah Resident of Village - Chhatapur, Ward No. 4, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-06-2020 The matter has been taken up through virtual court proceeding.

Heard learned counsels for the petitioner and the State.

The present application has been filed with a prayer for bail in a case registered for the offences punishable under Sections 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Act 8 of 2018 A bench of this Court, vide order dated 13.06.2019, granted provisional bail to the petitioners who were in custody since 06.03.2019 and further directed the matter to be listed after disposal of S.L.P. (C) Nos. 27949-29763 of 2016, wherein

2/4 the vires of the Bihar Excise Act, 1915 and the Bihar Prohibition and Excise Act, 2016 is under challenge. The relevant portion of the order reads as follows:- "Recently, the Full Bench of this Court in a case i.e. Criminal Appeal (SJ) No. 431 of 2019 (Ram Vinay Yadav vs. The State of Bihar) has noticed that vires of entire Excise Act as well as amended Excise Act is pending before the Hon'ble Supreme Court. The Court is of opinion that since vires of entire Excise Act is already sub-judice before the Hon'ble Supreme Court, it would not be appropriate for this court to finally dispose of any case pertaining to Excise Act. However, at the same time, it would not be appropriate to allow a person to remain in custody for an indefinite period.

List this matter after disposal of S.L.P. (C) Nos. 27949-29763 of 2016 and connected writ petitions pending before the Hon'ble Supreme Court.

Till further order, the petitioners namely, Vikash Kumar and Mantu Sao are directed to be released provisionally on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna/Incharge Successor court in connection with Special Case No. 2402 of 2019 arising out of Patna Junction (Rail) P.S. Case No. 91 of 2019." Due to present pandemic, Covid-19, the physical court proceedings in the Supreme Court are not being

3/4 conducted, as a result, there is no likelihood of the aforementioned S.L.P. being disposed of in near future. Hence, the application has been heard on merits.

As per the prosecution case, 6 litres of Indian Made Foreign Liquor were recovered from the possession of the petitioner no.1, Vikash Kumar and 7.5 litres of Indian Made Foreign Liquor were recovered from the possession of petitioner no.2, Mantu Sao.

It is submitted by learned counsel for the petitioners that the petitioners have maliciously been framed in the present case. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is further submitted that there is nothing on record to suggest that the petitioners have misused the privilege of provisional bail. Learned APP submits that the recovery has been made from the possession of the petitioners.

Considering the aforesaid facts and submissions of the parties, particularly the fact that there is nothing on record to suggest that the petitioners have misused the privilege of provisional bail, the provisional bail, granted to the petitioners, vide order dated 13.06.2019, in connection with Special Case

4/4 No. 2402 of 2019 arising out of Patna Junction (Rail) P.S. Case No. 91 of 2019, pending in the Court of learned Special Judge, Excise, Patna, is hereby confirmed.

Accordingly, the order dated 13.06.2019 stands modified to the extent of placing the matter after disposal of aforementioned S.L.P.

The present application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T