Patna High CourtCR. MISC./33025/2020bail granted

Vikash Kumar @ Bhura @ Bharsu v. The State Of Bihar

2021-01-27Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33025 of 2020 Arising Out of PS. Case No.-183 Year-2020 Thana- BEUR District- Patna ====================================================== Vikash Kumar @ Bhura @ Bharsu (Male), aged about 19 years, son of Sudama Paswan, resident of Village- Sakraicha, P.S.- Parsa Bazar, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the State :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Ms. Anita Kumari, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Special Case No.4590 of 2020 arising out of Beur PS Case No.183 of 2020 dated 30.07.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from his Tempo 150 litres country made liquor was recovered.

4. Learned counsel for the petitioner submitted that he has no connection either with the Tempo, as it did not belong to him, or with the recovered liquor. Learned counsel submitted that the petitioner has no criminal antecedent and is in custody

Patna High Court CR. MISC. No.33025 of 2020 dt.27-01-2021 2/3 since 25.06.2020.

5. Learned APP submitted that the petitioner was the person, who was driving the Tempo from which liquor was recovered.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in Special Case No.4590 of 2020 arising out of Jakkanpur PS Case No.183 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date.

Patna High Court CR. MISC. No.33025 of 2020 dt.27-01-2021 3/3 also lead to cancellation of his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T