Patna High CourtCR. MISC./86158/2019allowed

Vikash Kumar @ Vikash @ Rohit v. The State Of Bihar

2020-01-31Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86158 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- MOKAMAH District- Patna ====================================================== 1.

VIKASH KUMAR @ VIKASH @ ROHIT Son of Dharmanath Ray Resident of Village - Rikab Ganj, P.S.- Malsalami, District- Patna 2.

Chandan Kumar @ Karenta Son of Bindeswari Sao Resident of Village - More East, P.S.- Mokama, District- Patna 3.

Kumar Gautam @ Gauri Shankar Singh Son of Bishwanath Singh @ Bishwanath Pratap Singh Resident of Village - More East, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-01-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State Mr. Ramesh Chandra. Petitioners are in custody in connection with Special Case No. 10747 of 2019 arising out of Mokama P.S. Case No. 278 of 2019 for the offence under section 392 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the allegation against this petitioner no.2 is that he was involved in the trade of liquor and from his possession 144 liters of liquor was seized whereas the petitioner nos. 1 and 3 are said to be involved in the same business as they were also seated in the

Patna High Court CR. MISC. No.86158 of 2019(3) dt.31-01-2020 2/2 Scorpio vehicle from where liquor was seized. Counsel for the petitioners submits that petitioners are in custody since 1.12.2019.

Considering the fact that petitioners are in custody since 1.12.2019, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna, in connection with Special Case No. 10747 of 2019 arising out of Mokama P.S. Case No. 278 of 2019 subject to the following condition;

(i) Bailors should be elected representative. (ii) If the petitioners are found involved in the similar such cases in future, the Court below shall be at liberty to cancel bail bonds of the petitioners in this case.

(Anil Kumar Upadhyay, J) Ravi/- U T