Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78519 of 2019 Arising Out of PS. Case No.-483 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== VISHAL KUMAR, aged about 22 years, Male, Son of Ranjan Singh, Resident of Village- Bari Aghu, Police Station- Muffasil, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Bipin Kumar, Adv.

For the Opposite Party :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No. 483 of 2019, registered under Sections 414 and 120B of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of raid 46 cartons of liquor seized where Rohit Kumar and Jitendra Kumar were apprehended in village Patapur. On query, they disclosed that a container loaded with cartons will come soon from Dumari village and the container was made available by Pappu Singh @ Sardar Singh of village Mahendrapur, both also disclosed that Mikku Kumar, Kunal Kumar, Vishal Kumar (petitioner), Amit Kumar, Lallan Kumar and Manish Kumar are also use to sell the liquor. Thereafter, the informant, along with other police personnel, reached near the house of Samir where the container was found lying. On search of the container 40 cartons, each

Patna High Court CR. MISC. No.78519 of 2019(2) dt.09-12-2019 2/2 containing 27 bottles of 375 ml, 75 cartons, each containing 180 ml, 24 cartons, each containing 750 ml and 299 cartons, each containing 180 ml Indian made foreign liquor recovered. Submission is that petitioner was not apprehended on the spot rather his name was disclosed by the co-accused, Rohit Kumar and Jitendra Kumar. In fact, the petitioner is the accused in four similar nature of cases, as detailed in paragraph 3 of the petitioner, due to that reason the informant, being the police personnel, implicated the petitioner in present case showing his name in the confessional statement of co-accused. The petitioner is in custody since 08.11.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 483 of 2019 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai. (Rajendra Kumar Mishra, J) Shamshad/- U T