Vikky Kumar @ Lalu @ Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5790 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Vikky Kumar @ Lalu @ Lal Son Of Jhagaru Singh R/O Village- Fatehpur Wala, P.S.- Musrigharari, Dist.- Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in NH Bangara P.S. Case No. 81 of 2021 corresponding to Excise GR Case No. 721 of 2021, registered for the offence punishable punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3041.280 litres of foreign liquor has been recovered from three vehicles. Petitioner has been made accused in this case on the basis of confessional statement of co-accused who were apprehended on the spot.
It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither
Patna High Court CR. MISC. No.5790 of 2022(2) dt.05-04-2022 2/2 driver nor owner of vehicles in question and has got no concern with the seized liquor. Petitioner is in custody since 12.11.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.
Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge Excise, Samastipur in connection with NH Bangara P.S. Case No. 81 of 2021 corresponding to Excise GR Case No. 721 of 2021. (Prabhat Kumar Singh, J) vinita/- U T