Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7662 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== Vikky Kumar S/O Suresh Ram Resident Of Village- Bodha, Chapra, P.S.- Awtar Nagar, District- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Awtar Nagar P.S. Case No. 241 of 2022 registered under section 414 of IPC and Sections 30/30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 50 liters of country made liquor from the motorcycle. Further, on interrogation by the police, the petitioner along with one coaccused has not given any documentary proof in respect of seized motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is

Patna High Court CR. MISC. No.7662 of 2023(2) dt.12-04-2023 2/3 further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. It is also submitted that he was only sitting on the motorcycle and he has no knowledge about the illicit liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.10.2022.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Awtar Nagar P.S. Case No. 241 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.7662 of 2023(2) dt.12-04-2023 3/3 amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd cum Ist Exclusive Special Judge Excise Saran at Chapra.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) subham/- U T