Vikram Kumar @ Vikram Yadav @ Vikram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82208 of 2019 Arising Out of PS. Case No.-536 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== VIKRAM KUMAR @ VIKRAM YADAV @ VIKRAM Son of Yogendra Yadav Resident of Village - Mirjatola Chhawani, Ward No. 05, P.S.- Kalibagh O.P., Bettiah (Town), District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 536 of 2018 for the offence registered under Sections 30(a), 35, 38 and 41 of the Bihar Prohibition of Excise Act, 2016.
The allegation is regarding the Police having recovered huge quantity of illicit liquor from a godown said to be that of Rupesh Kumar Yadav and a co-accused person, namely, Yogendra Yadav was arrested from the spot, who disclosed that other co-accused persons including the petitioner herein used to get the illicit liquor for the State of Punjab and sell it illegally in black market. It is further submitted that neither any recovery of illicit liquor has been made from the
Patna High Court CR. MISC. No.82208 of 2019(2) dt.11-12-2019 2/2 possession of the petitioner or from his house and merely on the confessional statement of co-accused person, suspicion has been raised against the petitioner, hence no offence can be said to have been made out against the petitioner under the provisions of the Bihar Excise and Prohibition Act, 2016. Lastly, it is submitted that the petitioner is languishing in custody since 21.08.2019.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bettiah, West Champaran in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 536 of 2018.
(Mohit Kumar Shah, J) S.Sb/- U T