Vikky Sao @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13689 of 2020 Arising Out of PS. Case No.-886 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== VIKKY SAO @ VIKKY KUMAR S/o Ashok Sah @ Ashok Sao Resident of New Diliya, P.S.- Dehri- on- Sone, Distt- Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-09-2021 Heard Mr. Krishna Prasad Singh, learned senior Advocate for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dehri (Town) P.S. Case No. 886/2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

It appears from the prosecution report that approximately 12,000 litres of liquor was recovered from a truck and three persons, namely, Ranjan Sao, Nikesh Kumar and Sunil Kumar Mishra were arrested. Aforesaid three persons are said to have taken the names of others who

Patna High Court CR. MISC. No.13689 of 2020(3) dt.21-09-2021 2/3 could manage to run away. One of such persons is the petitioner. A similarly situated person has been granted anticipatory bail by a Bench of this Court.

The learned senior counsel for the petitioner has submitted that except for the confession of arrested accused persons, there is no other material to connect the petitioner with the offence.

The petitioner does not have criminal antecedents. On these grounds, it has been urged that the offence under the Excise Act cannot be said to have been made out as against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Dehri (Town) P.S. Case No. 886/2019,

Patna High Court CR. MISC. No.13689 of 2020(3) dt.21-09-2021 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T