Vikas Yadav @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54510 of 2019 Arising Out of PS. Case No.-536 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== VIKAS YADAV @ VIKAS KUMAR Son of Sri Yogendra Yadav Resident of Village - Mirza Toli, Chhawani, P.S.- Kalibagh O.P., Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bettiah Muffasil (Banuchhaper) P.S. Case No. 536 of 2018, instituted for the offence under Section(s) 30(a), 35, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 1927.800 litres of foreign liquor has been recovered from godown of co-accused Rupesh Kumar Yadav who is said to be owner of the godown. Counsel for the petitioner submits that name of petitioner has been disclosed by co-accused Rupesh Kumar Yadav before the Police. There is no recovery of any liquor from conscious possession of the petitioner. Counsel for the petitioner further submits that other co-accused have already been granted bail by coordinate Benches of this Court vide orders dated 12.3.2019, 3.4.2019, and 27.5.2019 passed in Cr. Misc. 8382 of 2019, 19831 of

Patna High Court CR. MISC. No.54510 of 2019(2) dt.03-09-2019 2/2 2019 and 34441 of 2019 respectively.

Petitioner is in custody since 16.5.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, in connection with Bettiah Muffasil (Banuchhaper) P.S. Case No. 536 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. It is mentioned in paragraph-3 of the bail petition that two Excise cases are pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T