Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64997 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Vikash Kumar S/o- Mithilesh Trivedi Resident of Village- Dharahara, P.S. Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Excise Jagdishpur P.S. Case No.149 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 324 litre of illicit liquor from possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner rather the same was recovered from the house of

Patna High Court CR. MISC. No.64997 of 2024(2) dt.17-09-2024 2/2 petitioner, which is jointly occupied by other family members. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.07.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, in connection with Excise Jagdishpur P.S. Case No.149 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.II, Bhojpur at Ara. (Ramesh Chand Malviya, J) S.Katyayan/- U T