Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26821 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== VICKY KUMAR Son of Jamun Ray Resident of Village - Sukwarpur Jafrabad, P.S.- Raghopur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of two stolen motorcycles from the straw house of the petitioner and 30 litre of liquor from the straw house of Smt. Devi @ Sunita Devi.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.26821 of 2022(2) dt.11-08-2022 2/2 recovered from his conscious possession. He further submits that recovery of liquor is alleged to have been made from the house of one Smt. Devi and name of the petitioner transpired based on secret information. He next submits that from the straw house of the petitioner two stolen motorcycles were recovered which is alleged to have been used for doing business of liquor. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 286 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors of the petitioner shall be the father (Jamun Ray) of the petitioner.

(Satyavrat Verma, J) Kundan/- U T