Vikash Kumar @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85012 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Vikash Kumar @ Vikas Kumar S/O Dilip Singh Resident Of VillageGauharpur, P.S- Didarganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Didarganj PS Case No. 370 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 60 litres of country made liquor was recovered in plastic sac below the Gumti.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is a business man having a shop of motor parts at

Patna High Court CR. MISC. No.85012 of 2024(2) dt.16-12-2024 2/2 Karmali Chak, Patna City. It is further submitted that recovery is from an open place which is accessible to one and all. The petitioner is in custody since 19.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj PS Case No. 370 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T