Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39363 of 2020 Arising Out of PS. Case No.-552 Year-2020 Thana- DANAPUR District- Patna ====================================================== VIKASH KUMAR Son of Gopal Mahto Resident of Sultanpur, P.S. Danapur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ratan Kumar Jha, Advocate Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Danapur PS Case No. 552 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

129 Liters illicit liquor has allegedly been recovered from the "Khatal".

Learned Counsel for the petitioner submits that he has no concern with the Khatal and he has become victim of the circumstances as he was a bonafide passerby. He is in custody since 27.9.2020. The petitioner has no criminal antecedent. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.39363 of 2020(2) dt.10-02-2021 2/2 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in Danapur PS Case No. 552 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T