Patna High CourtCR. MISC./84689/2023allowed

Vikram Kumar v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84689 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- DESARI District- Vaishali ====================================================== Vikram Kumar SON OF NAWAL KISHORE SINGH @ NAWAL SINGH Village -Majrohi, P.S-. Desari ( shadeai O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 403 liters of illicit liquor from a vehicle and the petitioner along with co-accused Vikash Kumar was arrested on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. No any incriminating article has been

Patna High Court CR. MISC. No.84689 of 2023(3) dt.09-02-2024 2/2 recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 19.9.2023. Moreover, similarly situated co-accused namely, Vikash Kumar has already been granted bail by this Court vide order 10.1.2024 passed in Cr. Misc. No. 85197 of 2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 released on bail in connection with Desari (Sahdei) P.S. Case No. 318 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Cum-Additional District and Sessions Judge, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T