Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1024 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- SINGHIYA District- Samastipur ====================================================== 1.

VIKASH KUMAR S/o Late Chandeshwar Ram R/v- Kolha, P.S.- Akhitiyarpur, Distt.- Muzaffarpur.

2.

Rajesh Ram S/o Ganesh Ram R/v- Kolha, P.S.- Akhitiyarpur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-03-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Singhia P.S. Case No. 151 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 90 litres of foreign liquor from the Bolero Car and three persons including petitioners were arrested who were sitting in vehicle.

It has been submitted on behalf of the petitioner that he is innocent and have been falsely implicated in this case. It has been further submitted that they are neither the driver, nor

Patna High Court CR. MISC. No.1024 of 2021(2) dt.23-03-2021 2/3 owner of the vehicle rather they were sitting as a passenger and were not aware that in the vehicle illicit liquor was kept. Petitioners have no criminal antecedents and they are in custody since 29.09.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd Cum Special Judge (Excise), Samastipur, in connection with Singhia P.S. Case No. 151 of 2020/ Computer Reg. No. 1002/2020 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If petitioners tampers with the

Patna High Court CR. MISC. No.1024 of 2021(2) dt.23-03-2021 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/rajivU T