Patna High CourtCR. MISC./30876/2019bail granted

Rikky Kumar v. The State Of Bihar

2019-05-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30876 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== RIKKY KUMAR, Son of Pramod Sah, Resident of Village - Telochh, P.S.- Chautham, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-05-2019 Petitioner seeks bail in connection with Chautham P.S. Case No. 28 of 2019 registered for the offences punishable under Sections 273, 120B, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. Allegation is of recovery of 1236.6 litres of liquor from the orchard and accused persons were apprehended there and it appears that petitioner was arrested on suspicion and he is accused in one more case and later on it appears that one Nitish Kumar was talking with the apprehended accused persons on mobile.

Submission of learned counsel for the petitioner is that he has falsely been implicated, nothing has been recovered from from his possession and he has been made accused only on suspicion and other co-accused Nitish Kumar has been granted

Patna High Court CR. MISC. No.30876 of 2019(2) dt.23-05-2019 2/2 bail by a co-ordinate Bench of this Court vide order dated 10.5.2019 in Cr.Misc.No. 31449 of 2019 and he is in custody since 11.3.2019, charge sheet has been submitted in this case and as such there is no chance of tampering with the evidence. Heard learned APP also.

In view of above facts and circumstances, let petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Gurvinder Singh Malhotra, Special Judge, Excise, Khagaria, in connection with Chautham P.S.Case No. 28 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T