Vikky Singh @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8176 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== VIKKY SINGH @ VIKASH KUMAR SINGH Son of Shyamal Kishor Singh @ Munchun Singh R/v- Kumarkhand, P.S.- Kumarkhand, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1191.520 liters of foreign liquor is said to have recovered from the place of the occurrence. He submits that four persons were apprehended by the police who disclosed the name of the petitioners. that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got no

Patna High Court CR. MISC. No.8176 of 2023(3) dt.24-04-2023 2/3 criminal antecedent as stated in para-3 of the bail application. Learned counsel for the petitioner filed a supplementary affidavit in the present in which para-3 it is stated that the petitioner is agreed to deposit a sum of Rs. 1,00,000.00 (Rupees One Lakh) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the statement made in para-3 of the supplementary affidavit, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 87/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.8176 of 2023(3) dt.24-04-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

Office is directed to find out the supplementary affidavit in the present case which was filed on 21.04.2023 and keep it on the record.

(Anjani Kumar Sharan, J) ajay/- U T