Vicky Kumar @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18282 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

VICKY KUMAR @ VIKKI KUMAR S/o Rajesh Prasad @ Rajesh Kumar Resident of Village- Mahahicha, P.S.- Uchakka Gao, Distt- Gopalganj. 2.

Guddu Kumar S/o Sabindra Shah Resident of Village- Mahahicha, P.S.- Uchakka Gao, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned A.P.P. appearing for the State. The petitioners seek regular bail in connection with Kuchaikote P.S. Case No. 59 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 37.230 liters of illicit wine from the petitioners and one co-accused person. It is the submission of the petitioners in the bail

Patna High Court CR. MISC. No.18282 of 2020(2) dt.14-05-2020 2/3 petition that the petitioners are innocent and have been falsely implicated in the present case. The petitioners are stated to be having clean antecedents and are languishing in custody since 22.02.2020.

Per contra, the learned APP appearing for the State has submitted that the petitioners are named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made in the present petition as also considering the fact that the petitioners are having clean antecedents and are languishing in custody since 22.02.2020, I deem it fit and proper to direct for release of the petitioners on bail upon them furnishing personal bond to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge, Excise, Gopalganj in connection with Kuchaikote P.S. Case No. 59 of 2020.

It is further directed that once the lock-down is over and normal situation is restored, the petitioners, above named, shall furnish bail bonds of a sum of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in

Patna High Court CR. MISC. No.18282 of 2020(2) dt.14-05-2020 3/3 connection with Kuchaikote P.S. Case No. 59 of 2019, failing which the present privilege of bail being extended to the petitioners shall stand revoked automatically. The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U T