Patna High Court
Vikash Kumar vs The State Of Bihar on 24 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24415 of 2020
Arising Out of PS Case No.-831 Year-2018 Thana- DEHRI TOWN District- Rohtas
======================================================
Vikash Kumar, aged about 24 years, Gender-Male, Son of Ram Ashish Singh,
Resident of Village - Narsingh Bigha, Dahaur, PS - Dehri (N), District -
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
For the State : Ms. Rita Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 24-02-2021
Heard Mr. Vijay Anand, learned counsel for the
petitioner and Ms. Rita Verma, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioner is in custody in connection with Dehri
Town PS Case No. 831 of 2018 dated 21.09.2018, instituted under
Sections 273, 120B/34 of the Indian Penal Code and 30(a), 38(i)
(ii), 41(i)(ii), 31 and 47 of the Bihar Prohibition and Excise Act,
3. This is the second attempt for bail by the petitioner as
earlier such prayer was rejected by order dated 13.05.2020 passed
in Cr. Misc. No. 17451 of 2020.
Patna High Court CR. MISC. No.24415 of 2020 dt.24-02-2021
4. Learned counsel for the petitioner submitted that two
motorcycles were recovered near a truck from which there was
recovery of 4948.2 litres of liquor and one of the motorcycles
belonged to the petitioner.
5. Learned counsel for the petitioner submitted that he
was neither caught at the spot nor from his motorcycle, there was
any recovery. Learned counsel submitted that earlier due to wrong
submission that the truck belonged to the petitioner, the Court
noticing the same, had dismissed the application for bail but the
fact is that the truck from which recovery has been made belonged
to one Hirdesh Kumar and the registration is also of the State of
Uttar Pradesh. In this connection, he referred to copy of the owner
book of the vehicle seized. Learned counsel submitted that there
has been no recovery from either the petitioner or his house or
from any place which was owned by the petitioner and he is in
custody since 25.01.2020, having no other criminal antecedent.
6. Learned APP submitted that the motorcycle of the
petitioner was found near the truck from which there is recovery
of liquor.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.24415 of 2020 dt.24-02-2021
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned 2nd Additional
Session Judge-cum-Special Judge Excise, Rohtas at Sasaram in
Dehri Town PS Case No. 831 of 2018 subject to the conditions (i)
that one of the bailors shall be a close relative of the petitioner, (ii)
that the petitioner and the bailors shall execute bond with regard
to good behaviour of the petitioner, and (iii) that the petitioner
shall also give an undertaking to the Court that he shall not
indulge in any illegal/criminal activity, act in violation of any
law/statutory provisions, tamper with the evidence or influence
the witnesses. Any violation of the terms and conditions of the
bonds or the undertaking shall lead to cancellation of his bail
bonds. The petitioner shall cooperate in the case and be present
before the Court on each and every date. Failure to cooperate or
being absent on two consecutive dates, without sufficient cause,
shall also lead to cancellation of his bail bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
