Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44994 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Vikash Kumar, aged about 40 years (M), S/O Late Umesh Prasad, R/O Mohalla-Sherpur, P.S.-Sadar, Distt-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sadar Excise P.S. Case No. 77 of 2024 dated 22.03.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 75.180 litres of illicit foreign liquor was recovered from the car of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was driving his own car and he showed his owner book but the informant unnecessarily stopped the said vehicle for which hot exchange

Patna High Court CR. MISC. No.44994 of 2024(2) dt.01-07-2024 2/2 of word occurred and thereafter the present false case has been lodged against the petitioner. The petitioner has no concern with the alleged seized liquor and nothing has been recovered. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 23.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Sadar Excise P.S. Case No. 77 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T