Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40567 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== Vikki Kumar Son of Shivdat prasad @ Shivdat Mahto Resident of Village - Bachari, P.S.- Dhangai, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dhangai P.S. Case No. 61 of 2022 registered for the offence under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.40567 of 2022(2) dt.23-08-2022 2/3 custody since 24.06.2022.

The allegation against the petitioner is to involve in the illegal manufacturing and trading of illicit liquor, where 40 liters of country made Mahua wine was recovered alongwith other articles.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor alongwith other utensils were recovered from open place, as per seizure list, and admittedly, this is not a case of recovery of illicit liquor from the physical possession of the petitioner. While concluding the argument, it is, categorically, submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor alongwith other utensils were made from open place coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dhangai P.S. Case No. 61 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.40567 of 2022(2) dt.23-08-2022 3/3 each to the satisfaction of learned Exclusive Special Excise Court No.1, Bhojpur, Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T