Vicki Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1085 of 2019 Arising Out of PS. Case No.-2273 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. Vicki Kumar aged 24 years (M) Son of Chandradeep Singh @ Chandradeep Kumar Resident of Village - Kedbaipuri Ward No.2 P.S. Kotwali, DistrictPatna(Bihar.)

2. Ashish Kumar aged 21 years (M) Son of Sanjay Sao Resident of Hurhur Pandi Ji Road P. S. Sadar, District-Hazaribagh (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Sri Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for petitioners sand learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Excise Case No. 2273 of 2018 registered for the offences punishable under Sections 30 (a) and 56 (b) Bihar Prohibition and Excise Act, 2016.

Informant has alleged that while he was on duty he searched a car and recovered 180 liters of illicit wine and 8 liters of beer from the said car.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. Petitioners have been falsely implicated in this case. During

Patna High Court Cr.Misc. No.1085 of 2019(2) dt.11-01-2019 2/2 investigation no any sufficient evidence have been found against the petitioners. Petitioners are in custody since 01.12.2018. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Jduge-V-cum-Special Judge Excise Act, Gaya, in connection with Excise Case No. 2273 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Rajiv/- U T