Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35668 of 2020 Arising Out of PS. Case No.-239 Year-2020 Thana- KHAIRA District- Saran ====================================================== Vikash Kumar S/o Hari Kishun Sah Resident of Village- Sareya P.S.- Baniyapur, District- Chhapra, Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Arjun Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Khaira P.S. Case No.239 of 2020 registered under sections 30 and 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, three motorcycles were caught and it is stated that from the motorcycle belonging to the petitioner 56 liters of illicit liquor, seizure list of which is at Annexure-15 of the petition, was recovered. It is submitted by learned counsel for the petitioner that the allegation of recovery of illicit liquor from the motorcycle of the petitioner is incorrect and the petitioner has been falsely implicated in the case. He has no criminal

Patna High Court CR. MISC. No.35668 of 2020(2) dt.21-12-2020 2/2 antecedent and is in custody since 23.8.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khaira P.S. Case No.239 of 2020 on his furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran. (Partha Sarthy, J) Bibhash/- U T