Vikram Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24907 of 2018 Arising Out of PS.Case No. -428 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Vikram Roy, Son of Sunil Ray, Resident of Sharda Nagar, Batraha Ward No. 27, Police Station- Saharsa, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) , 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

176.200 litres of country made liquor is said to have been recovered from the Alto car and co-accused Ajay Kumar Choudhary was apprehended while two other accused persons managed to escape. Apprehended accused disclosed the name of the petitioner as one of fleeing accused.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.24907 of 2018 (2) dt.01-05-2018 2/2 either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by Ajay Kumar Choudhary due to animosity. Barring aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 17.03.2018. Said Ajay Kumar Choudhary has been enlarged on bail by a co-ordinate bench of this court vide order dated 27.02.2018 passed in Cr. Misc. No. 11412 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge cum Special Judge, Saharsa in connection with Special (Excise) Case No. 585 of 2017 arising out of Bakhtiyarpur P.S. Case No. 428 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T