Vikash Kumar @ Vikash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80709 of 2018 Arising Out of PS. Case No.-445 Year-2016 Thana- AGAMKUAN District- Patna ====================================================== Vikash Kumar @ Vikash, Son of Sri Naresh Lal, Resident of mohalla - Daud Bigha, P.S. - Agamkuan, Distt.- Patna ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sudish Kumar, Adv.

For the Opposite Party :

Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Agamkuan P.S. Case No. 445 of 2016 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on patrolling duty Ravi Kumar and Birju Kumar were apprehended with a motorcycle and a plastic bag was hanged on the motorcycle in which 1 liter of country made liquor was recovered whereas Birju Kumar was found with sealed bottle of Indian made foreign liquor. They disclosed that they have purchased the liquor from a tempo near the hut of Dhanki orchard where Teju and his brother, Vikash Kumar, use to sell liquor concealing it in the tempo. The learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.80709 of 2018(5) dt.01-07-2019 2/2 submits that the petitioner was not apprehended. Ravi Kumar and Birju Kumar, who were found in possession of liquor, disclosed that they have purchased the liquor from Teju and this petitioner. The petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Agamkuan P.S. Case No. 445 of 2016 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Court, Excise, Patna, subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Rajendra Kumar Mishra, J) Shamshad/- U T