Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19181 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== VIKKI KUMAR Son of Srikant Mahto, Resident of near government MIG quarter, Durga Mandir, P.S.-Agamkuan, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-06-2020 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned counsel for the State through Video Conferencing.

In this case, the petitioner is seeking regular bail in connection with Kadamkuan P.S. Case No. 45 of 2020 (Special Excise No.831 of 2020) registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016. The recovery of 45 litres of liquor has been made from garbage and two persons, namely, Vikash Kumar and Raushan Kumar have been arrested at the spot. The petitioner was moving where the liquor was hidden and from where he was also arrested. The fact has come during investigation by way of confessional statement of Vikash Kumar and Raushan Kumar that the petitioner was involved in selling the liquor with

Patna High Court CR. MISC. No.19181 of 2020(2) dt.09-06-2020 2/2 them.

The learned counsel for the petitioner submits that the petitioner has one criminal history and he is in jail custody since 23.01.2020.

Looking to the facts and circumstance of the case, the petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Patna in connection with Kadamkuan P.S. Case No. 45 of 2020 (Special Excise No.831 of 2020), subject to the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in future in similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of his bail bond. (Shivaji Pandey, J) Mahesh/- U T