Patna High CourtCR. MISC./41710/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41710 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Vikash Kumar Son of Mevi Saw Resident of Village- Supaul, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nawada Excise P.S. Case No. 229 of 2024, lodged on 29.03.2024 under Sections 30(a), 47, 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioner. Total 9.750 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is neither driver nor owner of the motorcycle from which the alleged recovery has been made.

Patna High Court CR. MISC. No.41710 of 2024(2) dt.30-05-2024 2/2 Counsel further submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 29.03.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise-2, Nawada in connection with Nawada Excise P.S. Case No. 229 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T