Vicky Kumar @ Vikki Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43062 of 2024 Arising Out of PS. Case No.-350 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Vicky Kumar @ Vikki Ram S/O- SAMBHU RAM R/O- VILLAGEBHUKAR MUHALLA P.S- JAMUI DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Jamui P.S. Case no. 350C2 of 2019, registered under section 30 (a) of Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on a search being conducted, 181 litres of liquor was found in the tempo. It is stated that while the driver of the tempo was taken into custody, the co-accused Bunty Ram escaped.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case in course of investigation when it was stated that the seized liquor belonged to Bunty Ram and the petitioner herein who were involved in trade of liquor. It is submitted that the learned Court below has committed an error of record in its order rejecting the

Patna High Court CR. MISC. No.43062 of 2024(5) dt.06-09-2024 2/2 application for bail of the petitioner when it is observed that the petitioner is a named accused of the FIR. The petitioner has been falsely implicated in the case because of his antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the name of the petitioner transpired in course of investigation when a petition was filed on 2.11.2019 stating about him and the FIR named co-accused Bunty Ram being involved in the trade of liquor.

6. Having heard learned counsel for the parties and having perused the material on record, the petitioner not having been arrested at the spot nor any incriminating article having been recovered from his possession, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jamui P.S. Case no. 350C2 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Jamui.

(Partha Sarthy, J) Shiv/- U T