Vikas Chaudhary @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39579 of 2020 Arising Out of PS. Case No.-113 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== VIKAS CHAUDHARY @ VIKAS KUMAR SON OF JIVASH CHAUDHARY @ JIVACHHA CHAUDHARY RESIDENT OF VILLAGE - MURADPUR DULLAH, POLICE STATION - AHIYAPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-02-2021 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 Excise Case No. 113 of 2020 P.R. No. 23 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

99.040 liters illicit liquor has allegedly been recovered from the house of co-accused Pintu Choudhary. The petitioner has been apprehended as one who was facilitating or assisting in sale of illicit liquor.

Learned Counsel for the petitioner submits that the petitioner has no criminal antecedent and innocently was at the place of recovery. He has been arrested being victim of the circumstances and is in custody since 23.8.2020.

Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.39579 of 2020(2) dt.19-02-2021 2/2 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 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, Muzaffarpur in Excise Case No. 113 of 2020 P.R. No. 23 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