Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42110 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== VIKRAM KUMAR Son of Surendra Yadav Resident of Village- Balha, Police Station- Narayanpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddhartha Kumar Singh Mr. Bharat Bhushan Mr. Abhay Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Pasraha P.S. Case No. 14 of 2020 arising out of G.R. No. 442 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the allegation in the FIR a TATA MAZIC vehicle was intercepted by the Police, however, the driver succeeded in fleeing away. Police recovered a total quantity of 125.640 liters of illicit liquor from the said vehicle. The petitioner has been made accused on the basis of the fact that he happens to be the owner of the TATA MAZIC vehicle. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42110 of 2021(2) dt.01-02-2022 2/3 petitioner has falsely been implicated in this case merely because he is the owner of the vehicle in question. He further submits that at the time of seizure of the illicit liquor admittedly the petitioner was not there in the vehicle and as per the First Information Report the driver left the vehicle and fled away. The TATA MAZIC vehicle was being plied on hire basis and the petitioner was not aware about illicit liquor being kept therein by the driver or others. The petitioner is in custody since 11 / 6 / 2021 having no criminal antecedent, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 11 / 6 / 2021, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.42110 of 2021(2) dt.01-02-2022 3/3 the satisfaction of learned Special Judge Excise, Khagaria in connection with Pasraha P.S. Case No. 14 of 2020 arising out of G.R. No. 442 of 2020.

(Anil Kumar Sinha, J) praful/- U T