Patna High CourtCR. MISC./30096/2024bail granted

Vicky Ray @ Vicky Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30096 of 2024 Arising Out of PS. Case No.-639 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Vicky Ray @ Vicky Kumar Son of Vijay Prasad @ Vijay Yadav Resident of Village - Murcha Road, Police Station - Chowk, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise (Prohibition) P.S. Case No. 639 of 2024, instituted for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 90 liters liquor was recovered out of which 10 liter liquor was recovered from scooty and 80 liters liquor was recovered from canal. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.30096 of 2024(2) dt.20-04-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver of the seized scooty in question, rather he was standing beside the scooty. The petitioner is in custody since 22.03.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Prohibition) P.S. Case No. 639 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T