Vikki Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27721 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- SIMRIBAZAR District- Darbhanga ======================================================

1. Vikki Kumar son of Manoj Singh

2. Rahul Kumar son of Lalbabu Singh both are residents of village - Pipraha, P.S. Panapur O.P. (Minapur), District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Semri P.S. Case no. 11 of 2018 registered under Sections 401, 420, 414, 467/34 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act-2016.

23.625 lts. of foreign liquor is said to have been recovered from a car and petitioner and one Sonu Kumar were apprehended sitting on the said car.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They happen to be simple commuter of

Patna High Court Cr.Misc. No.27721 of 2018(3) dt.18-06-2018 2/2 the said vehicle and had no knowledge of keeping of the said liquor in the aforesaid vehicle while driver of the aforesaid vehicle managed to escape seeing the police party. Though two more cases under Excise Act have been lodged against petitioner no. 2 and one case against the petitioner no. 1, but they are on bail in the said cases. The aforesaid Sonu Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 30.04.2018 passed in Cr. Misc. no. 23990 of 2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Semri P.S. Case no. 11 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T