Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32302 of 2020 Arising Out of PS. Case No.-151 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== VIKASH KUMAR, S/o Vijay Singh, Resident of Mohalla-Mauniya Bigha, Police Station-Dalmianagar (Dehri), District-Rohtas ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Harendra Kumar, Adv.

For the Opposite Party :

Mr. Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 28.11.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Sheosagar P.S. Case No. 151 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of several bottles of Indian made foreign liquor in volume of 41.625 liters in a truck, bearing registration no. BR-24GB-4236, from which Raj Karan Singh, driver, Rahul Kumar and Ved Prakash Kumar were apprehended.

Submission is that petitioner is the owner of the truck,

Patna High Court CR. MISC. No.32302 of 2020(2) dt.08-03-2021 2/2 from which alleged bottles of Indian made foreign liquor are said to be recovered. In fact, petitioner had no knowledge about keeping the bottles of liquor in volume of 41.625 liters by the driver, Raj Karan Singh, who was engaged by the petitioner as a driver for plying the truck. The petitioner has no criminal antecedent.

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 Sheosagar P.S. Case No. 151 of 2020 shall be released on 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 Additional District & Sessions Judge II-cumSpecial Judge, Excise, Rohtas at Sasaram, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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