Vikki Kumar @ Vikki Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43474 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vikki Kumar @ Vikki Ram, Son of Manejar Ram, Resident of Village - Prabhu Nath Nagar, P.S.- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Chapra Muffasil P.S. Case No.168 of 2019 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the house in question is a dwelling house where the joint family of the petitioner is residing, therefore, the recovery cannot be said to be from the conscious possession of the petitioner. Learned APP for the State has gone through the case diary and submits that in course of investigation it has come that the petitioner is engaged in the business of illicit liquor and he

Patna High Court CR. MISC. No.43474 of 2019(4) dt.20-09-2019 2/2 was storing the liquor in his house.

In the aforesaid view of the matter where investigation has revealed that the petitioner was involved in the business of illicit liquor and was storing the illicit liquor in his house, this Court is not willing to extend the privilege of anticipatory bail to the petitioner. This application is dismissed. In case the petitioner surrenders in the court below within a period of four weeks from today and prays for regular bail, his prayer for regular bail shall be considered keeping in view the materials available on the record and without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) arvind/- U T