Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66144 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== VIKASH KUMAR Son of Kishun Prasad Resident of Mohalla - Shivhara, P.S.- Pupari, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case as lodged by the police personnel is that on secret information when the informant along with armed forces came near Hardia Chawk, he saw a car bearing its registration No. BR06BH3545 was coming. Informant tried to stopped the said but driver tried to flee away. During which the said car came into a ditch and five persons tried to flee. But out them three persons were caught by the police on chase who disclosed their name as Pradeep Giri,

Patna High Court CR. MISC. No.66144 of 2019(2) dt.14-11-2019 2/3 Govind Kumar and Mahindra Kumar and also disclosed the name of their associates who flee away as Vikash Kumar (petitioner).

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner. He submits that total 99.75 litres of foreign liquor has been recovered. He further submits that the petitioner has no criminal antecedent.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs. 30,000/- in the court below and on deposit of the aforesaid amount, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail 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 Additional District Judge-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Pupari Police Station Case No. 315 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Such deposit of Rs. 30,000/- shall abide by the

Patna High Court CR. MISC. No.66144 of 2019(2) dt.14-11-2019 3/3 outcome of the pending criminal case.

(Anjani Kumar Sharan, J) devendra/- U T