Patna High CourtCR. MISC./71622/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-11-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71622 of 2023 Arising Out of PS. Case No.-1350 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Vikash Kumar S/O Late Vijay Saw Village- Madhav Mills, Ward No. 70, Ps. Malsalami, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Prohibition) Patna P.S. Case no.1350 of 2023 registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on information having been received a raid was conducted. It is stated that 50 litres of country liquor and 25 pouch of 200 ml each ie total of 5 litres of liquor was recovered from the possession of the three named accused persons including the petitioner herein.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 24.8.2023 and charge-sheet has been submitted in the

Patna High Court CR. MISC. No.71622 of 2023(2) dt.07-11-2023 2/2 case. He has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner having remained in custody since 24.8.2023 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Excise (Prohibition) Patna P.S. Case no.1350 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-III, Patna.

(Partha Sarthy, J) Shiv/- U T