Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72049 of 2019 Arising Out of PS. Case No.-879 Year-2019 Thana- KOTWALI District- Patna ====================================================== VIKASH KUMAR Son of Manoj Pandit Resident of Katra, P.S.- Nagar, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Kotwali P.S. Case No.879 of 2019, Spl. Case No.8743 of 2019 registered for the offence punishable under Section 273 of the Indian Penal Code and Sections 30(a), 36(1)(2) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no illicit liquor has been recovered from the conscious possession of this petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is alleged that 21.600 liters of illicit liquor has been recovered from a bag while this petitioner was also travelling in

Patna High Court CR. MISC. No.72049 of 2019(2) dt.04-12-2019 2/2 the tempo on which the said bag was lying and the petitioner has remained in custody since 01.10.2019, let the petitioner above named be released on bail on completion of investigation or on 31st December, 2019 whichever is earlier on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Kotwali P.S. Case No.879 of 2019, Spl. Case No.8743 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T