Vikash Kumar @ Gunjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60961 of 2017 Arising Out of PS.Case No. -802 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Vikash Kumar @ Gunjan Son of Satendra Giri resident of village - Bhelawar, P.S. - Kako, District - Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Bharti, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jehanabad P.S. Case No.802 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and 414 of the Indian Penal Code.
The allegation is regarding recovery of foreign wine from the Sumo vehicle, in which the petitioner is said to have been sitting and upon arrival of the police, he had jumped and fled away.
The learned Senior counsel for the petitioner submits that the petitioner is innocent and merely because he did not
Patna High Court Cr.Misc. No.60961 of 2017 (2) dt.21-12-2017 2/2 became a witness to the seizure list, he has been falsely implicated in the present case though he has got nothing to do either with the alleged recovery or with the said Sumo vehicle. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 22.11.2017.
Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular 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 Additional Sessions Judge-II, Jehanabad in connection with Jehanabad P.S. Case No.802 of 2017. (Mohit Kumar Shah, J) N.H./- U T