Vikash Kumar @ Bhura @ Bharsu vs The State Of Bihar
2021 Latest Caselaw 357 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.33025 of 2020
           Arising Out of PS. Case No.-183 Year-2020 Thana- BEUR District- Patna
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Vikash Kumar @ Bhura @ Bharsu (Male), aged about 19 years, son of Sudama Paswan, resident of Village- Sakraicha, P.S.- Parsa Bazar, District- Patna.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s     :        Mr. Anuj Kumar, Advocate
  For the State            :        Ms. Anita Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Anuj Kumar, learned counsel for the

petitioner and Ms. Anita Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Special Case No.4590 of 2020 arising out of Beur PS Case

No.183 of 2020 dated 30.07.2020, instituted under Section 30(a)

of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from his

Tempo 150 litres country made liquor was recovered.

4. Learned counsel for the petitioner submitted that he

has no connection either with the Tempo, as it did not belong to

him, or with the recovered liquor. Learned counsel submitted

that the petitioner has no criminal antecedent and is in custody Patna High Court CR. MISC. No.33025 of 2020 dt.27-01-2021

since 25.06.2020.

5. Learned APP submitted that the petitioner was the

person, who was driving the Tempo from which liquor was

recovered.

6. 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.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the Special Judge, Excise,

Patna, in Special Case No.4590 of 2020 arising out of Jakkanpur

PS Case No.183 of 2020, 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 Patna High Court CR. MISC. No.33025 of 2020 dt.27-01-2021

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T