Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67051 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== VIKASH KUMAR SON OF RAJO YADAV R/O VILLAGE- KATHAUTIYA KEWAL, TOLA- GURPA, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Promad Kumar Singh, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Tankuppa P.S. Case No. 88 of 2022, for the offence registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. The allegation is regarding recovery of 280 litres of illicit country-made liquor from a Bolero vehicle.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 17.10.2022. The learned counsel for
Patna High Court CR. MISC. No.67051 of 2022(2) dt.08-02-2023 2/3 the petitioner has submitted that neither the illicit liquor has been recovered from the possession of the petitioner nor the petitioner has been arrested from the spot and only since the said Bolero vehicle is registered in the name of the petitioner, he has been made an accused in the present case. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the illicit country made liquor was recovered from the petitioner nor he has been arrested from the spot, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to 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 learned Exclusive Special Excise Court No. 02,
Patna High Court CR. MISC. No.67051 of 2022(2) dt.08-02-2023 3/3 Gaya in connection with Tankuppa P.S. Case No. 88 of 2022.
(Mohit Kumar Shah, J) S.Sb/Saurav U T