Vikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65602 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== VIKESH KUMAR S/O GULJARI RAM R/O VILLAGE- CHHOTKI SANADIYA, P.S- ARA MUFFASIL, DISTT.- BHOJPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 08-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Ara Muffasil P.S. Case No. 280 of 2023, dated 02.07.2023, registered under Sections Bihar Prohibition and Excise Act, 2018.
3. It is submitted by the learned Advocate for the petitioner that petitioner has been falsely implicated in this case on the ground that 40 liters of illicit liquor was recovered from his motorcycle. It is frankly submitted that on 02.07.2023 he lent his motorcycle to another person for driving. From the said motorcycle illicit liquor was recovered and the petitioner was also implicated. The petitioner has no knowledge about such illicit liquor having been transported by one Ganesh Kumar.
4. Learned Additional Public Prosecutor for the State has
Patna High Court CR. MISC. No.65602 of 2023(3) dt.08-12-2023 2/2 vehemently opposed the prayer for bail of the petitioner.
5. Accordingly, the anticipatory bail application is allowed.
6. In view of such circumstances, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, one of whom must be a local surety having landed property, to the satisfaction of the learned Exclusive Special Excise Court No.-I, Bhojpur, Ara in connection with Ara Muffasil P.S. Case No. 280 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C., with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.
7. Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.
(Bibek Chaudhuri, J) pravinkumar/- U T