Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29931 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

Vikki Kumar S/o Pram Rauat R/o Ward No.28, Deoghar, P.S.- Kunda and District- Deoghar 2.

Munna Kumar S/o Indradeo Manadal Resident of Village- Ratanpur, P.S.- Sangarmpur and District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Pandey, Adv.

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioners in connection with Excise Complaint Case No.47 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the complaint, 108 litres of illicit liquor was recovered from the dezire car whose registered owner is one Satosh Kumar Tiwari and at the time of recovery the car was being driven by the petitioner no.1 and petitioner no.2 was one of the occupants in the car.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.29931 of 2020(4) dt.21-12-2020 2/2 petitioners that no recovery as alleged have taken place. The petitioners have been falsely implicated in the case. They are in custody since 3.7.2020 and have no criminal antecedent. It is further submitted that the registered owner of the car Santosh Kumar Tiwari has been enlarged on bail vide order dated 2.7.2020 passed in Cr.Misc. No.30696 of 2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners not having any criminal antecedent and the period in custody, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Excise Complaint Case No.47 of 2020 on their furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Banka.

(Partha Sarthy, J) Bibhash/- U T