Patna High CourtCR. MISC./60471/2023allowed

Vikash Kumar Sah @ Bikash Kumar Sah @ Bikash Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60471 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- ARARIA District- Araria ====================================================== Vikash Kumar Sah @ Bikash Kumar Sah @ Bikash Kumar S/O Rajendra Prasad Sah @ Rajendra Sah R/O Village- Nathmalpur Ward No.-10, P.SBarhara, Distt.- Araria (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivesh Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 57.915 liters of country made liquor from a Hyundai Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-7 of this petition that the petitioner took lift from that car in a good faith and he had no knowledge about the illegal liquor kept in that vehicle. Nothing has been recovered from his

Patna High Court CR. MISC. No.60471 of 2023(2) dt.12-09-2023 2/2 conscious possession and also he has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Araria (Bairgachhi) P.S. Case No. 191 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Araria. (Sunil Kumar Panwar, J) Shubham/- U T