Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39418 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Vicky Kumar, son of late Krishna Kumar, resident of Mohalla - Chitkohra Bazar, Sabzi Mandi, Police Station - Gardanibagh, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Sri Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Anil Kumar, learned counsel for the petitioner and Sri Jai Narain Thakur, learned Additional Public Prosecutor.

The sole petitioner who is in custody since 10.07.2017 in Kotwali P.S. Case No. 317 of 2017 registered for the offence under section 272 , 223, 120(B) of the Indian Penal Code 1860 and Section 30(a)/ 38(2) /41(1) (2), 47 of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail. By way of referring to the statement made in paragraph no. 3 of the petition it was submitted that petitioner is having clean antecedent and in the case he has been made accused on the basis of confessional statement of the co- accused without any recovery from either conscious possession of the petitioner or any premises of the petitioner, rather in the case recovery of

Patna High Court Cr.Misc. No.39418 of 2017 (2) dt.19-08-2017 2/2 foreign liquor was shown from a premises of Government. Considering the fact that petitioner's name has come on confessional statement of the co -accused as well as clean antecedent of the petitioner , let the petitioner Vicky Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge - Excise, Patna / concerned court in connection with Kotwali P.S. Case No. 317 of 2017. (Rakesh Kumar, J) Praful/- U T