Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34414 of 2025 Arising Out of PS. Case No.-294 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Vikram Kumar S/o Munarik Prasad R/o Mohalla Patel Colony, Bajrangpuri, P.S.- Alamganj, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Alamganj P.S. Case No. 294 of 2025 instituted under Sections 30(a), 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 17.03.2025 by the informant, Ranjeet Singh.
3. As per the prosecution story, the informant alleged that on secret information, the house of Pradeep Kumar was raided and there is recovery/seizure of 49.750 liters of foreign liquor. It has been informed that the room has been let out to this petitioner. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he was never a tenant of Pradeep Kumar, only to save his skin, he has been implicated because of criminal antecedent. He shall be
2/4 diligently appearing in trial.
5. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.10,000/- to the District Legal Services Authority, Patna for beautification of Sub-Divisional Court, Patna City through Demand Draft issued by the local branch of the State Bank of India.
6. Learned APP opposes the prayer submitting that on the raid, the room was let out to this petitioner, the recovery/seizure is made.
7. Considering the submissions of the parties as also the fact that the recovery/seizure is from the house of Pradeep Kumar, though, this petitioner has criminal antecedent, FIR is there, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 10,000/- to the District Legal Services Authority, Patna for beautification of Sub-Divisional Court, Patna City through Demand Draft issued by the local branch of the State Bank of India and the receipt has to be submitted before the Trial Court.
8. Let the petitioner be released on bail, in the event
3/4 of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Alamganj P.S. Case No. 294 of 2025 to the satisfaction of learned Special Judge, Excise, Patna City subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
9. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Patna for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T