Vikky Kumar @ Vikky Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36168 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MITHANPURA DistrictMuzaffarpur ====================================================== Vikky Kumar @ Vikky Paswan S/o Baidhnath Paswan R/o Kanhauli Khadhibhandar Chowk Near Durga Mandir, Mushari, P.S.- Mithanpura, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 03.07.2020 in connection with Mithanpura P.S. Case No. 09 of 2020 for the offences alleged under Sections 414 of the Indian Penal Code and Section 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of stolen pick-up van and motorcycle loaded in all with 192.600 litres of foreign liquor. It is

Patna High Court CR. MISC. No.36168 of 2020(2) dt.29-01-2021 2/2 further submitted that co-accused Monu Kumar in his confession disclosed the names of 12 persons including the petitioner as persons selling illicit foreign liquor. Except such confession, there is no objective material to connect the petitioner with the alleged occurrence. No recovery has been made from the conscious possession of the petitioner. The petitioner is accused in one prior case of similar nature.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 03.07.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (Excise) Act, Muzaffarpur, in connection with Mithanpura P.S. Case No. 09 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T