Vikram Singh @ Vikram Singh Rathore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7445 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== VIKRAM SINGH @ VIKRAM SINGH RATHORE SON OF RAJU SINGH R/O VILL.- RADHIKA KUNJ, P.S.- BRIJVIHAR, CHANDER NAGAR, DISTT.- GHAZIABAD, STATE- UTTAR PRADESH(UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Section 30(a), 32(i) (B)/36/41(i) of the Bihar Prohibition and Excise Act. The allegation against the petitioner along with others is of engaging in illegal trading/manufacturing of illicit liquor and there has been recovery of total 1770 liters of illegal foreign liquor from different vehicles.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come into light, on the basis of confessional statement of co-accused, who

Patna High Court CR. MISC. No.7445 of 2023(2) dt.04-05-2023 2/2 apprehended on spot namely, Bhupesh Kumar @ Bipin Kumar Yadav, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern either with the seized vehicles or with the liquor. He submitted that co-accused namely, Bhupesh Kumar @ Bipin Kumar Yadav, who apprehended on spot, has already been granted bail by a Coordinate Bench vide order dated 14.10.2022 passed in Cr. Misc. No. 52468 of 2022. He is languishing in judicial custody since 08.11.2022.

The application for bail is opposed by learned APP for the State.

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 Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Lakhnaur P.S. Case No. 139 of 2022.

(Sunil Kumar Panwar, J) arish/- U