Vikky Pandey @ Vicky Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29665 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- PATORI District- Samastipur ====================================================== VIKKY PANDEY @ VICKY KUMAR @ VICKY KUMAR, aged about 28 years, Gender-Male, S/o Parasnath Pandey, R/o Vill.-Dharampur Bande, Ward No.-16, P.S.-Patori, Distt.-Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agarwal, Sr. Advocate and Mr. Vijay Anand, Advocate.

For the Opposite Party :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned senior counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 3628 liters

Patna High Court CR. MISC. No.29665 of 2020(2) dt.10-12-2020 2/3 wine is said to have been recovered from the Truck and Car in question.

It has been submitted by learned senior counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 3628 liters wine is recovered from the Truck and Car in question. The said Truck and Car in question do not belong to the petitioner. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.29665 of 2020(2) dt.10-12-2020 3/3 Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise, Samastipur, in connection with Shahpur Patori P.S. Case No. 88/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T