Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46813 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- THARTHARI District- Nalanda ====================================================== VIKAS KUMAR, aged about 29 years, Male, Son of Vijay Singh, Resident of Village- Nataichak, P.S.- Tharthari, District- Nalanda ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Kumar, Adv.

For the Opposite Party :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Tharthari P.S. Case No. 63 of 2019 for the offences alleged under Sections 30(a), 38 and 41B of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty two persons were seen on motorcycle, when the signal was given to stop the motorcycle, then, both started to flee away, but, Manish Kumar was apprehended while other succeeded to flee away. Manish Kumar disclosed the name of his associate as Karu Yadav. On search of the motorcycle 125 pouches, each containing 200 ml of country made liquor and 5 bottles, each containing 750 ml of Indian made foreign liquor, were recovered. Manish Kumar also disclosed that the seized liquor

Patna High Court CR. MISC. No.46813 of 2019(2) dt.29-07-2019 2/2 was being carried from the house of the petitioner. The submission of the learned counsel for the petitioner is that the petitioner was not apprehended on spot rather the name of the petitioner has come in the confessional statement of co-accused, Manish Kumar, who was apprehended with the seized liquor. Petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Tharthari P.S. Case No. 63 of 2019 shall be released on pre-arrest bail on 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, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U