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Patna High CourtCR. MISC./10612/2018bail granted

Vikky Kumar v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10612 of 2018 Arising Out of PS.Case No. -634 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Vikky Kumar S/o Ramji Yadav, R/o village- Gordhoba, P.S.- Muffassil, Distt.- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nawada Town P.S. Case No.634 of 2017 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 190 litres of illicit liquor from the Car and motorcycle, which were apprehended by the police. The petitioner is said to be the person who had fled away from the spot.

The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor the vehicle and motorcycle belongs to the

Patna High Court Cr.Misc. No.10612 of 2018 (2) dt.27-02-2018 2/2 petitioner. It is further submitted that the petitioner is having clean antecedent.

Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the even of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. II-Cum-Special Judge, Nawada in connection withNawada Town P.S. Case No.634 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T