Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35431 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== Vicky Kumar Son of Gauri Shankar Ray Resident of Village - Naya Tola Sabnima, P.S.- Athmalgola, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Athmalgola P.S. Case No. 29 of 2021 corresponding to Special Case No. 1099 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 130 litres of illicit liquor has been recovered from Hawa Hawai vehicle of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment which was being transported by the vehicle in question. Petitioner is in custody since 14.02.2021 having no criminal antecedent, as stated in para 3 of the petition.

Patna High Court CR. MISC. No.35431 of 2021(2) dt.16-12-2021 2/2 Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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, Patna in connection with Athmalgola P.S. Case No. 29 of 2021 corresponding to Special Case No. 1099 of 2021. (Prabhat Kumar Singh, J) vinita/- U T