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Patna High CourtCR. MISC./46077/2025allowed

Vicky Kumar v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46077 of 2025 Arising Out of PS. Case No.-1880 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Vicky Kumar, S/o- Suresh Ray, R/o- Pahalwan Market, New Punaichak Boring Road, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Jha, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Ranjit Jha, learned counsel for the petitioner and Ms.Anita Kumari, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patna Excise P.S. Case No. 1880 of 2024 instituted for the offence under Sections 30(a), 32, 56(B) and 62 of the Bihar Prohibition and Excise (Amendment ) Act.

3. The case of the prosecution is that altogether 1689.12 liters of foreign liquor was recovered from a godown.

4. 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. Nothing has been recovered from his possession. His name has surfaced only on the basis of statement of the villagers. He

Patna High Court CR. MISC. No.46077 of 2025(2) dt.05-08-2025 2/2 is having no criminal antecedent. It has also been submitted by learned counsel for the petitioner that similarly situated coaccused has been granted anticipatory bail by learned Coordinate Bench vide order dated 29.10.2024 in Cr. Misc. No. 72287 of 2024. The case of this petitioner stands on similar footing.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Patna Excise P.S. Case No. 1880 of 2024 , he will 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 Additional Sessions Judge-cumSpecial Judge Excise-III, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T