Vicky Ray @ Vicky Kumar @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45516 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Vicky Ray @ Vicky Kumar @ Vikky Kumar Son Of Badlu Ray @ Badalu Ray Resident Of Village/Mohalla- Uttri Dhamaun, Ps- Shahpur Patori DisttSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 43 liters foreign liquor from Alto Car. The allegation against the petitioner is that he is liner of the vehicle (Alto Car) from which the illicit liquor in question carried.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been

Patna High Court CR. MISC. No.45516 of 2023(2) dt.28-07-2023 2/2 disclosed in this case by the apprehended co-accused, before the police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 06.04.2023 Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Special Judge (Excise), Samastipur in connection with Shahpur Patori P.S. Case No. 569 of 2022.

(Sunil Kumar Panwar, J) lata/- U T