Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64107 of 2022 Arising Out of PS. Case No.-252 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Vikash Kumar S/o Sulindar Dhadi R/v- Murarpur, P.S.- Korma and DistrictShiekhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Nilendu Kumar Choudhary, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No.252 of 2022 registered for the offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018.

Patna High Court CR. MISC. No.64107 of 2022(2) dt.09-12-2022 2/3 The accused/petitioner is named in the F.I.R. and is in custody since 08.05.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 62.750 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner was named in this case only for the reason, that he was standing near the place of recovery where, illicit liquor was alleged to be recovered, without having any connecting evidence. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner is in custody since, 08.05.2022 coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Sheikhpura P.S. Case No.252 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.64107 of 2022(2) dt.09-12-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Sheikhpura/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T