Vickey Pandey @ Bikki Pandey @ Bikki Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5858 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vickey Pandey @ Bikki Pandey @ Bikki Kumar Pandey S/o Rajendra Pandey Resident of village- Batardeh, Parsauni, P.S.- Sidhwaliya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Vardhan, Adv For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Sidhwaliya P.S. Case No. 215 of 2024 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 4.190 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.5858 of 2025(2) dt.15-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor was recovered from the bush located nearby house of the petitioner which is an open place and easily accessible by general public. It is submitted that recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner. While concluding the argument it is submitted that petitioner found involved in three more cases, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie, not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5858 of 2025(2) dt.15-02-2025 3/3 satisfaction of the learned Additional District and Sessions Judge-XIII cum Special Excise Court No. 1, Gopalganj/concerned trial court where the case is pending in connection with Sidhwaliya P.S. Case No. 215 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T