Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76912 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- PUNPUN District- Patna ====================================================== Vikash Kumar Son of Suresh Lal R/O Village- Pakri, P.S.- Punpun, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Punpun Police Station Case No. 200 of 2024, dated 09.07.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police, on secret information that three persons are carrying illicit liquor, reached the place of occurrence and saw three persons coming having bag and jhola and on seeing the police, they started fleeing away, however, after chase, the police apprehended one person, who disclosed his name as Ravi kumar and he also disclosed the name of the persons who succeeded in fleeing away as
Patna High Court CR. MISC. No.76912 of 2024(2) dt.19-11-2024 2/3 the petitioner and Santosh Goswami. The police recovered 14.625 litres of illicit liquor from the possession of the arrested co-accused, Ravi Kumar.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. He further submits that the petitioner has got no criminal antecedent and his name has transpired in this case on the basis of the disclosure of his name by the arrested co-accused, with whom the petitioner has got no concern.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner has transpired in this case on the basis of the disclosure of his name by the arrested co-accused and further the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.76912 of 2024(2) dt.19-11-2024 3/3 to the satisfaction of learned Special Judge, Excise-II, Patna, in connection with Punpun Police Station Case No. 200 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √