Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64708 of 2022 Arising Out of PS. Case No.-537 Year-2022 Thana- RUPASPUR District- Patna ====================================================== VIKASH KUMAR S/o Arun Rai R/v- Rampur Diyara, Prem Tola, P.S.- Maner, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhukar Anand For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Special Excise Case No. 1456 of 2022 arising out of Rupaspur P.S. Case No. 537 of 2022, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per allegation, 320 litres of country made liquor was recovered from the dickey of a car.
The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is only the
2/4 driver of the vehicle and he is not aware of the contents of the material loaded in the vehicle. He further submits that nothing has been recovered from the conscious possession of the petitioner.
He further submits that the petitioner has been languishing in jail since 30.08.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstance, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Special Judge Excise, Danapur in connection with Excise Case No. 1456 of 2022 arising out of Rupaspur P.S. Case No. 537 of
3/4 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is
4/4 wrong, the learned court below shall cancel the bail bond of the petitioner.
The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T