Vikash Kumar @ Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16049 of 2017 Arising Out of PS.Case No. -536 Year- 2016 Thana -MANER District- PATNA ======================================================

1. VIKASH KUMAR @ VIKASH RAI Son of Doman Rai, Resident of Village- Hulasi Tola, P.S.- Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Maner P.S. Case No. 536 of 2016 instituted for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioner that there is no recovery of any liquor from possession of the petitioner. He has been made accused merely on suspicion. As per written report, the informant having got secret information, raided Hulasi Tola and found some Mahua and four litres of Mahua liquor from a ditch. He got the information that the land in question belongs to one Jaleshear Rai. It is further alleged that this petitioner and said Jaleshwar Rai are indulged in business of the liquor. In paragraph-3, it has been mentioned that the petitioner

Patna High Court Cr.Misc. No.16049 of 2017 (2) dt.09-05-2017 2/2 has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Maner P.S. Case No. 536 of 2016 to the satisfaction of Sri Randhir Kumar, learned Judicial Magistrate, Danapur, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T