Vikash Sah @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82720 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Vikash Sah @ Vikas Kumar S/o Late Bachchu Sah @ Parmeshwar Sah Resident of Ward No 25, Suryanarayan Ghat Musahari, P.S. Kabaiya District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/ :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is seeking for bail in a case registered for the offences punishable u/s 274, 275/3(5) of the BNS 2023 and 30 (a) of Bihar Prohibition and Excise Act.
3. Altogether 495 liters of country made liquor is said to have been recovered from the house of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has two criminal antecedents in similar nature of offence and is in judicial custody since 18.10.2024.
Patna High Court CR. MISC. No.82720 of 2024(2) dt.24-01-2025 2/3
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Kabaiya P.S. Case No.177 of 2024, subject to the condition as laid down under Section 483
(2) of the BNSS, 2023, with the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail
Patna High Court CR. MISC. No.82720 of 2024(2) dt.24-01-2025 3/3 on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.
(Anjani Kumar Sharan, J) shikha/- U T