Abhishek Kumar @ Viccky Singh @ Viccky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10270 of 2023 Arising Out of PS. Case No.-389 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Abhishek Kumar @ Viccky Singh @ Viccky Kumar S/O Sarweshwar Singh Resident Of Near Hari Niwash, Old Bahadurpur Gaon, P.S.- Bahadurpur, Post Office- Rajendra Nagar, District- Patna Pin- 800016 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 750 ML of foreign liquor is said to have been recovered from the scooty. He submits that the petitioner is the owner of the seized scooty and on that basis, he has been made accused in this case. He submits that though the petitioner had already sold his scooty to one Pintu Kumar through a sale deed

Patna High Court CR. MISC. No.10270 of 2023(2) dt.20-04-2023 2/3 made on a Stamp paper of Rs. 1000/- in presence of witness but R.C. has not been transferred in the name of Pintu Kumar uptill now. He submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sultanganj P.S. Case No. 389 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(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

Patna High Court CR. MISC. No.10270 of 2023(2) dt.20-04-2023 3/3 similar offence till conclusion of the trial. 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 Bihar State Bar Council Welfare Fund, Patna.

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