Vikash Kumar @ Karu Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53709 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- AKBARPUR District- Nawada ====================================================== Vikash Kumar @ Karu Sao, son of Mebi Sao @ Meni Sao, resident of Village- Supaul, P.S. Akbarpur, District- Nawada. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Man Mohan Kumar, learned counsel for the petitioner and Sri Ajit Kumar, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Akbarpur P.S. Case No. 172 of 2017 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.
Learned counsel for the petitioner, by way of referring to the seizure list, submits that it was prepared in contravention of provision contained in Section 100 of the Code of Criminal Procedure. He submits that seizure witnesses are not from village of the petitioner, rather they were from different village. According to learned counsel for the petitioner, the petitioner
Patna High Court Cr.Misc. No.53709 of 2018(3) dt.11-09-2018 2/2 has falsely been implicated in the present case showing recovery of country-made liquor.
Be that as it may, considering the nature of accusation and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Vikash Kumar @ Karu Sao be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two surities of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 172 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J.) nawalkrs/- U T