Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58964 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== VIKASH KUMAR Son of Late Angad Sharma Resident of Village - Sawajpura Jaipur, P.S.- Mehandiya, Dist.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Haspura P.S. Case No.24 of 2018 registered under Section 30(a) of the Bihar Excise Act.

The accusation is that in course of checking of the vehicles, one person was seen coming on motorcycle bearing Registration No.BR-06AP-1641, which was stopped. The person, who was driving the said motorcycle, disclosed his name as Vickky Kumar and on search 5 bottles, each containing 180 ml. Indian Made Foreign Liquor, were recovered from his bag. Besides the above, the owner book of the motorcycle was also recovered in which the name of the owner of the motorcycle is detailed as Prabhu Dayal. On query, Prabhu Dayal disclosed that he has already sold the said

Patna High Court CR. MISC. No.58964 of 2019(2) dt.18-09-2019 2/2 motorcycle to this petitioner.

Learned counsel for the petitioner submits that while the petitioner had talked to Prabhu Dayal to purchase the motorcycle but the negotiation for the same could not be finalized. With an ulterior motive, Prabhu Dayal disclosed the name of the petitioner stating that he had sold the said motorcycle to the petitioner. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad, in connection with Haspura P.S. Case No.24 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T