Vikas Choudhary @ Vikas Bin Nishad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55386 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Vikas Choudhary @ Vikas Bin Nishad son of Harihar Chaudhary @ Harihar Mahato Resident of village-Bintauliya, Ps- Bhagwan Bazaar Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bhagwan Bazaar P.S. Case No. 23 of 2023, registered for the offences punishable under Section 414 of the Indian Penal Code, Sections 25(1-B)(a), 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 80 liters illicit liquor was recovered from the motorcycles and co-accused Rahul Kumar Chaudhary was apprehended and a country made pistol and live cartridge were recovered from him. He disclosed name of this petitioner as his associate who managed to flee away.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.55386 of 2024(2) dt.31-08-2024 2/2 implicated in this case merely on the confessional statement of co-accused Rahul Kumar Chaudhary. No incriminating material has been recovered from the conscious possession of these petitioner. Petitioner has no concerned either with the alleged recovery or with the seized motorcycles. Petitioner is in custody since 10.05.2024.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered aforesaid facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge-I, Saran at Chapra in connection with Bhagwan Bazaar P.S. Case No. 23 of 2023.
(Prabhat Kumar Singh, J) utkarsh/- U T