Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33636 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== VIKKI KUMAR S/O DINESH MAHTO R/O Village- Dighra, P.S- Pusa, Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chakmehsi P.S. Case No. 162 of 2022 dated 12.09.2022 registered for the offences punishable u/s 468, 471, 420, 414, 34 of I.P.C. and Sections 30(a), 32, 36, 41 of Bihar Prohibition and Excise Act.

As per the prosecution case, total 2791.44 litres of illicit liquor was recovered from the truck.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33636 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case merely on the basis of confessional statement of the coaccused. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that the petitioner has no concern with the alleged recovery. The petitioner has no antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Chakmehsi P.S. Case No. 162 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T