Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31170 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ====================================================== Vikky Kumar, Son of Mr. Ramesh Goswami, resident of Anand Talkies, Belwarganj, Daldal Toli, P.S.- Alamganj, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dharm Narayan Jha, Advocate. For the Opposite Party : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.05.2017 in connection with Keul Rail P.S. Case No. 113 of 2017 for the offences instituted under Section2 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that during checking at the Railway Platform, the informant recovered 15 liters of country made liquor from the bag of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.05.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. As per prosecution case, 15 liters of

Patna High Court Cr.Misc. No.31170 of 2017 (2) dt.10-07-2017 2/2 country made liquor is said to have been recovered. The same has not been recovered from conscious possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-cum-A.S.J. II, Lakhisarai, in connection with Keul Rail P.S. Case No. 113/2017.

U.K./- (Sudhir Singh, J) U T