Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56475 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- NAUTAN District- Siwan ====================================================== Vikash Kumar Rajdeo Rai, Resident of Village- Paiga, Police Station- Bheldi, District- Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Nautan P.S. Case No. 164 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, the police received secret information about illicit liquor being carried in a car and the said car was intercepted and the petitioner who was driving the car was apprehended from the spot. On search of the car 84.120 liters of India made foreign liquor was recovered. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56475 of 2022(2) dt.24-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was arrested merely on suspicion while he was passing through the road. The petitioner has got no concern with the recovered liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 12.07.2022 and charge-sheet has been submitted in this case. The petitioner is having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet and the period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Siwan, in connection with Nautan P.S. Case No. 164 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.56475 of 2022(2) dt.24-11-2022 3/3 every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T