Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24175 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== VICKY KUMAR Son of Mahesh Singh @ Mahesh Das @ Maheshh Kumar Resident of Village - Puran Chhapra, Police Station - Chakia, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 353, 332, 333, 407, 504 and 506 of the Indian Penal Code

Patna High Court CR. MISC. No.24175 of 2020(2) dt.09-10-2020 2/3 and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

15 liters of country made liquor and 9.90 liters of foreign liquor is said to have been recovered behind the shop of Ram Bharosh Chaudhary.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The place of recovery is an open place and easily accessible to anyone. Petitioner has no criminal antecedent.

Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.24175 of 2020(2) dt.09-10-2020 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cum-Special Judge Excise, East Champaran at Motihari in connection with Chakia P.S. Case No.57 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund.

(Anjani Kumar Sharan, J.) Trivedi/- U T