Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83507 of 2019 Arising Out of PS. Case No.-633 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Vikash Kumar Son of Chandradev Prasad, Resident of Village- Chhajan Pasarwara, P.S.- Kudhaniturki, O.P.- District- Muzaffarpur. 2.

Manish Kumar Son of Ram Narayan Bhagat, Resident of Village- Chhajan Pasarwara, P.S.- Kudhani, Turki, O.P. District- Muzafarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kudhni P.S. Case No. 633 of 2019, G.R. No. 1856 of 2019 for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 36 liters of illicit English wine from a vehicle standing at the door of the house of the petitioner.

The learned counsel for the petitioners submits that the petitioners are having a clean antecedent, no recovery has

Patna High Court CR. MISC. No.83507 of 2019(3) dt.06-01-2020 2/2 been made from the house of the petitioner and the co-accused from whom illicit liquor has been recovered, have already been granted the privilege of regular bail vide orders dated 20.11.2019 and 11.12.2019 passed by co-ordinate Benches of this Court in Cr. Misc. No. 70815 of 2019 and 74842 of 2019. It is further submitted that the petitioners are languishing in custody since 30.09.2019.

Having regard to the facts and circumstances of the case as also considering the parity of the case of the petitioners with that of the co-accused persons, who have already been granted the privilege of regular bail, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act), Muzaffarpur in connection with Kudhni P.S. Case No. 633 of 2019/ G.R. No. 1856 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T