Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5773 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== Vicky Kumar Son of Late Bachchu Paswan Resident of Village -Bhup Bhairav @ Bhoop Bhairo, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bathnaha P.S. Case no.164 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on seeing police personnel accused tried to mange to escape but one of them was apprehended at the spot who disclosed his name as Ramprit Mahto. On search, a total of 747 liters of nepali liquor is said to have been recovered from a Xylo Car bearing Registration No. BR01PA4796.

4. Learned counsel for the petitioner submits the petitioner has been falsely implicated in the case. The name of the petitioner has transpired on the confessional statement of apprehended accused Ramprit Mahto made before police which

Patna High Court CR. MISC. No.5773 of 2025(4) dt.08-05-2025 2/3 has no evidentiary value. No recovery has been made from physical or conscious possession of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State by stating that the petitioner has been made accused in four cases. In response, learned counsel for the petitioner submits that the petitioner is on bail on the said case.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bathnaha P.S. Case no.164 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that :- (I) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case on an interval of every 15 days till the

Patna High Court CR. MISC. No.5773 of 2025(4) dt.08-05-2025 3/3 submission of the charge-sheet.

(II) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U T