Riki Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14509 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -KHAJEKALA District- PATNA ======================================================

1. Riki Kumar @ Sandeep Kumar, Son of Pradeep Prasad, Resident of Rustam Pir Ki Galii, Bakshi Mohalla, Police Station- Khajekala, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.01.2018 in connection with Khajekala P.S. Case No. 07 of 2018 for offences punishable under Sections 290/34 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret tip off that some persons are engaged in selling of illicit liquor, the police conducted a raid and apprehended two persons including the petitioner while one person managed to flee away. The petitioner was found in possession of 17.600 liters of country made liquor while another

Patna High Court Cr.Misc. No.14509 of 2018 (2) dt.14-03-2018 2/2 co-accused was also found with illicit foreign liquor. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that he has been falsely implicated. He submits that the petitioner is ready to cooperate in the investigation and undertakes to provide all necessary information and not to temper with the evidence or prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Khajekala P.S. Case No. 07 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T