Vikash Kumar vs State Of Bihar

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.

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, 2016

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.

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.

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.

Learned APP submitted that the motorcycle of the petitioner was found near the truck from which there is recovery of liquor.

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 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.

The application stands disposed off in the aforementioned terms.