Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72473 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== VIKASH KUMAR Son of Kameshwar Yadav Resident of village - Gopalpur Dibbaur, P.S.- Rajaulli, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shilpi Keshri For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) (d)/41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 80 litres country made liquor and apparatus for preparing liquor from the coast of Pichli river in jungle of Kumbhiyatri and on seeing the police party, 8-10 accused persons taking the advantage of dark forest managed to escape. Local people have disclosed the name of the accused persons including the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.72473 of 2022(2) dt.13-01-2023 2/2 offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local villagers before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 19.07.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II, Nawada in connection with Rajauli P.S. Case No. 260 of 2021.

(Sunil Kumar Panwar, J) sushma/- U