Vicky Rai @ Avinash Kumar Yadav @ Vicky Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53317 of 2017 Arising out of P.S. Case No.-548 Year-2017 Thana- HAJIPUR District- Vaishali =============================================== Vicky Rai @ Avinash Kumar Yadav @ Vicky Ram, Son of Late Birendra Rai, Resident of Village-Rambhadra, P.S.-Hajipur Town, District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s =============================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Adv. : Mr. Ansul, Adv.
For the Opposite Party/s: Mr. Md. Ansarul Haque, APP 159 =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered for offences under Sections 188, 420 and 120(B) of the Indian Penal Code and Sections 30, 38, 47 and 48 of the Bihar Prohibition and Excise Act, 2016.
It is contended that, as per allegation, 1556 litres of foreign liquor was recovered from a hut in banana orchard of Late Rambabu Ram from where eight persons including the petitioner are said to have fled away seeing the raiding
Patna High Court Cr.Misc. No.53317 of 2017(2) dt.09-11-2017 2/3 police party. It is further contended that the other co-accused Vijay Singh @ Vijay Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 22.09.2017 passed in Cr.Misc. No. 47161 of 2017. It is also contended that the petitioner is accused in three other cases as mentioned in paragraph 3 of the bail application. Petitioner claims that he is in custody since 23.08.2017. Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 548 of 2017 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Vaishali at Hajipur within fifteen days of his release with a copy of this order and every month thereafter for the
Patna High Court Cr.Misc. No.53317 of 2017(2) dt.09-11-2017 3/3 next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Vikash/- U T