Vikash Kumar @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89710 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Vikash kumar @ Baba Son of Late Shankar Sah Resident of Village- Kasturi Sarai @ Kasturi Sarai, Harilochanpur, P.S.- Patepur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Patepur P.S. Case No. 330 of 2024 registered for the offences punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 3149.64 litres of country made liquor was recovered from three pick-up van and one truck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with
Patna High Court CR. MISC. No.89710 of 2024(2) dt.24-01-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired on the basis of disclosure made by the apprehended persons namely Sachin Kumar, Tulsa Ram and Sunil Kumar. It is further submitted that three pick-up vans and one truck do not belong to the petitioner. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 06.01.2025 passed in Cr. Misc. Nos. 83819 of 2024 and 84303 of 2024.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor
Patna High Court CR. MISC. No.89710 of 2024(2) dt.24-01-2025 3/3 court in connection with Patepur P.S. Case No. 330 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T