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Patna High CourtCR. MISC./49098/2023disposed

Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar

2023-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49098 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

Vikash Kumar @ Vikash Kumar Yadav Son of Vijay Yadav Resident of village - Ranipur Addapar, P.S. - Mehandiganj, Distt. - Patna 2.

Rajesh Kumar @ Rajesh @ Bhartiya @ Bhagat Son of Bhola Das Resident of village - Ranipur Addapar, P.S. - Mehandiganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Vikash Kumar @ Vikash Kumar Yadav petitioner no. 1.

2. Permission accorded. The anticipatory bail application with respect to petitioner no. 1 is dismissed as withdrawn.

3. Heard learned counsel for the petitioner and the State.

4. The petitioner no. 2 apprehend his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.49098 of 2023(2) dt.23-08-2023 2/2

5. 30 litres of illicit liquor has been recovered near Pratappur water tank.

6. It is submitted that nothing has been recovered from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner no. 2 claims clean antecedent.

7. Considering the facts aforesaid, Rajesh Kumar @ Rajesh @ Bhartiya @ Bhagat petitioner no. 2, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Patna City, Patna in connection with Mehandiganj P.S. Case No. 118 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T