The Patna High Court granted anticipatory bail to Vikash Kumar in a case involving alleged liquor trafficking. The court directed surrender within twelve weeks on furnishing a bond under the Cr.P.C.
Petitioner released on anticipatory bail by furnishing bonds of Rs. 10,000 each on surrender within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2041 of 2023
Arising Out of PS. Case No.-228 Year-2022 Thana- GANGABRIDGE District- Vaishali
======================================================
VIKASH KUMAR Son of Upendra Ray R/V- Kuari Buzurg (Chowk) P.SGanga Bridge, Dist- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Hemant Kumar, Advocate For the Opposite Party : Mr. Ramesh Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections-30(a) & 30(d) of the Bihar Prohibition and Excise Act, 2016 .
The prosecution case, in short, is that 3681 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of secret information. The source and genuineness of secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3681 liters wine is recovered from three different
Patna High Court CR. MISC. No.2041 of 2023(2) dt.20-04-2023 2/2
vehicles. None of the vehicles belongs to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.)
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 228 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act amidst lack of physical possession of contraband.
Colour shows how this judgement treated each authority
Sweta Kumari versus State of BiharRelied on¶17
Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.)
2 provisions across 2 enactments
VIKASH KUMAR
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
