Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62487 of 2022 Arising Out of PS. Case No.-352 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== VIKASH KUMAR, S/O Vinay Singh, R/V- Lakhmanpur, P.S- Muffasil Ara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ramgarh P.S. Case No. 352 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as Amended). 97.200 liters of liquor has been recovered from the car. Petitioner was the alleged driver of the vehicle. Learned counsel for the petitioner submits that the petitioner is the driver and having no concern with the illicit liquor which was loaded in the car by someone else. He is in custody since 11.10.2022. He has no antecedents, as per disclosure made in

Patna High Court CR. MISC. No.62487 of 2022(2) dt.13-01-2023 2/2 paragraph 3 of the bail petition.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner 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 the learned Additional Sessions Judge VII cum Spl. Judge Excise II, Kaimur at Bhabua, in connection with Ramgarh P.S. Case No. 352 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T