Bharat Rai @ Vikash Kumar @ Vikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42257 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== BHARAT RAI @ VIKASH KUMAR @ VIKASH Son of Bachcha Ray Resident of Village - Kaimah Sikhoh, Nagala Patna, P.S.- Chowk, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiva Ranjan For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No.1335 of 2019, arising out of Khajekala P.S. Case No.68 of 2019, registered under Section 414 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition of Excise Act, 2018.
The accusation is that on receiving secret information about making the demand of the illicit liquor loading on the boat by Sonam Devi alias Buiya Devi and supplying the same through two boys, namely, Rajnish Kumar and Bharat Rai alias Vikash (petitioner), the informant along with other police personnel reached at Terighat, then saw one motorcycle parked
Patna High Court CR. MISC. No.42257 of 2019(2) dt.09-07-2019 2/3 there on which one boy was sitting and a bag was kept on the same. In the meantime, one boy came from the side of Ganga river and when he started to keep the bag on the motorcycle, the motorcycle driver started to flee away but he fell down. On chase, while the motorcycle driver was apprehended but another boy succeeded to flee away. The caught hold boy disclosed his name as Rajnish Kumar and also disclosed the name of the petitioner, who succeeded to flee away. On search of the bags, two tyre tubes, each containing 40 liters country made liquor, were recovered.
Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the apprehended accused Rajniesh Kumar. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Patna, in connection with Special Case No.1335 of 2019, arising out of Khajekala P.S. Case No.68 of 2019, subject to the conditions
Patna High Court CR. MISC. No.42257 of 2019(2) dt.09-07-2019 3/3 laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T