Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66169 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- BYPASS District- Patna ====================================================== Vikash Kumar Son of Manohar Ray Resident of Village - Malikpur, P.S.- Raghopur, District - Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 420, 34 of the Indian Penal Code and Sections 30(a), 32(3), 41(1), 41(2) of Bihar Prohibition and Excise Act, 2016.

According to prosecution case itself, the alleged recovery of liquor was made from a godown which belonged to FIR named accused Ashwani Kumar. Furthermore, it is admitted case of the prosecution that aforesaid Ashwani Kumar did not disclose the name of the petitioner.

Learned counsel of the petitioner submits that in course of investigation, it has come against the petitioner that he

Patna High Court CR. MISC. No.66169 of 2019(2) dt.22-10-2019 2/2 was also involved in selling the illicit liquor but as a matter of fact, nothing was recovered from conscious possession of the petitioner and petitioner does not have any criminal antecedent, which is evident from perusal of para 3 of the petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 4537 of 2019 arising out of Bypass P.S. Case No. 130 of 2019.

(Hemant Kumar Srivastava, J) shahzad/- U T