Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50770 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== VIKKI KUMAR Son of Bhulawan Rai @ Birendra Kumar @ Birendra Rai Resident of Village - Belka, P.S.- Vaishali, Distt.- Vaishali (Hajipur). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2022 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 17 of 2021 registered for the offences under Section 30(a), 33, 36, 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that Police intercepted a car and recovered 70 liters of spirit from the said car and arrested the accused persons while they were fleeing away after coming out of the car. Learned counsel for the petitioner submits that the name of the petitioner has been implicated in the present case on the disclosure of his name by the arrested co-accused persons and and no illicit liquor or any incriminating article has been recovered from his possession. He further submits that

Patna High Court CR. MISC. No.50770 of 2021(2) dt.08-02-2022 2/3 petitioner is neither the owner nor the driver of the car in question. He also submits that at the time of occurrence the petitioner has been remanded on 16.6.2021 in the present case from Vaishali P.S. Case No. 119 of 2021. He next submits that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if he is released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has been implicated in the present case on the basis of disclosure made by the arrested co-accused persons, he is in custody since 14/01/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II cum Special Judge (Excise Act), Vaishali at Hajipur in connection with Vaishali P.S. Case No. 17 of 2021.

It is made clear that at the time of furnishing bail bonds

Patna High Court CR. MISC. No.50770 of 2021(2) dt.08-02-2022 3/3 all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T