Vikash Kumar Singh @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 41750 of 2017 Arising Out of PS. Case No.-239 Year-2017 Thana- Dalsinghsarai District- Samastipur ====================================================== Vikash Kumar Singh @ Vikash Kumar Son of Shankar Singh, R/o VillageGangara, P.S.- Gidhaur, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mr. Prakash Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey =========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-09-2017 Heard Sri Binod Kumar, learned counsel assisted by Sri Prakash Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 4th August, 2017 in Dalsingsarai P.S. Case No. 239 of 2017 registered for offence under Sections 30(a),38(i)(ii), 39(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

Learned counsel for the petitioner, at the very outset, has referred to paragraph - 3 of the petition to show that petitioner is having clean antecedent. He submits that petitioner was falsely apprehended on an assumption that near the truck and other two vehicles, loaded with huge quantity of Indian

Patna High Court Cr.Misc. No.41750 of 2017(2) dt.15-09-2017 2/2 make foreign liquor, the petitioner was there to purchase the liquor and it was also shown that petitioner was carrying huge currency note to the tune of Rs. 30,000/- (thirty thousand). Learned counsel for the petitioner submits that the petitioner was actually on way to Patna for purchasing tyres for tractor and as such, he was having such amount. According to learned counsel for the petitioner, save and except accusation that he was there to purchase the liquor, there is no other allegation. Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Vikash Kumar Singh @ Vikash Kumar be enlarged 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), Samastipur in connection with Dalsingsarai P.S. Case No. 239 of 2017.

(Rakesh Kumar, J.) anay U T