Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3948 of 2021 Arising Out of PS. Case No.-336 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== VIKASH KUMAR SON OF LATE GULAB CHAND PRASAD Resident of Village - Almori, Paschim Tola, P.S.- Siwan Muffasil, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 336 of 2019 registered for the offence punishable under Sections 272, 273 of the IPC and sections 30(a), 41(1) of the Bihar Prohibition and Excise Act 2018. Altogether 374.100 liters of I.F.L. is said to have been recovered from two vehicle i.e. Tata Indica and Scorpio and three persons have been apprehended on the spot.

Patna High Court CR. MISC. No.3948 of 2021(2) dt.23-03-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case on the basis of statement of the apprehended co-accused. It is further submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Hon'ble Court in Cr. Misc. No.74657 of 2019 dated 03.12.2019. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 28.09.2021.

Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Siwan Muffasil P.S.

Patna High Court CR. MISC. No.3948 of 2021(2) dt.23-03-2021 3/3 Case No. 336 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T