Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37621 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Vikash Kumar SON OF POLICE RAY VILL-DAMRAHI GHAT, PANI TANKI, P.S.-MALSALAMI, DIST-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Malsalami P.S. Case no. 415 of 2023 instituted for the offence under Sections 30(a)/36 of the Bihar Prohibition and Excise (Amendment Act), 2022.

3. Prosecution case relates to recovery of 200 liters illicit liquor from a tempo and the petitioner is said to have fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent as stated in para-3 of the bail petition. The petitioner is neither

Patna High Court CR. MISC. No.37621 of 2024(2) dt.17-05-2024 2/2 driver nor owner of the seized tempo. He has also not concerned with recovery of liquor.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Malsalami P.S. Case no. 415 of 2023, he will be enlarged 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 learned Special Judge, Excise, Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T