Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33246 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== VIKKI KUMAR Son of Kameshwar Singh, Resident of Village- Sanjhauli, P.S.- Sanjhauli, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Durgawati P.S. Case No.137 of 2020 registered under Sections 414, 34 of the IPC and under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner and two other persons, namely, Majhar Hussain @ Munna and Lalin Singh @ Bharti were apprehended while fleeing away from Tata Sumo vehicle bearing Registration No.JH01AV-8699. Majhar Hussain @ Munna was the driver of the vehicle. On search, 281.31 litres of Indian made foreign liquor was recovered from the vehicle.

Learned counsel for the petitioner submits that the petitioner was a passenger and he had no knowledge about carrying of liquor in the vehicle. The petitioner is not the owner of the vehicle. Majhar Hussain @ Munna, who is said to be the

Patna High Court CR. MISC. No.33246 of 2020(2) dt.14-12-2020 2/2 driver of the vehicle and Lalin Singh @ Bharti have already been granted bail by order passed in Cr.Misc.No.32456 of 2020. The petitioner is in jail since 28.05.2020. The petitioner has already remained in jail for more than six and half months. Taking into consideration the facts that two other persons including the driver of the vehicle, have already been granted bail by this court and the case of the petitioner stands on the same footing, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge 5th -cumSpecial Judge, Excise Act, Kaimur at Bhabhua in connection with Durgawati P.S. Case No.137 of 2020.

(Prabhat Kumar Jha, J) Harish/- U T