Vikash Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Anupa Nand Jha Mr.Md. Iftekhar Mahmood ORAL ORDER 2 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Gopalganj Excise P.S. Case No. 965/23 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, total 112.290 litre foreign liquor was recovered from Maruti Suzuki Alto Car in question and petitioner apprehended on spot. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is submitted that petitioner is neither driver nor Patna High Court CR. MISC. No.81135 of 2023(2) dt.22-12-2023 owner of the vehicle in question and there is nothing on record to connect the petitioner with the alleged occurrence.

The petitioner merely went to attend to his father’s call when he was apprehended by the police. Petitioner is in custody since 18.09.2023. Petitioner bears no criminal antecedent. The learned A.P.P. for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 to the satisfaction of learned IV A.D.J. cum Special Judge of Excise II at Gopalganj in connection with Gopalganj Excise P.S. Case No. 965/23 , subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has Patna High Court CR. MISC. No.81135 of 2023(2) dt.22-12-2023 sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. asmit/- U T (Alok Kumar Pandey, J)