Chandan Kumar @ Vickcky @ Vikky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14210 of 2018 Arising Out of PS.Case No. -464 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Chandan Kumar @ Vickcky @ Vikky S/o Sri Suraj Narayan Sah Resident of Village- Narayan Sah Colony, (Banaras Bank Chowk), P.S. Nagar, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 27.12.2017 in connection with Excise Case No. 464/17, arising out of P.R. No. 40/17-18 for offences punishable under Sections 30(a), 38 of the Bihar Excise and Prohibition Act, 2016. The prosecution case, as lodged by the excise official, is that on secret information that the petitioner is engaged in selling of illicit liquor, raid was conducted, petitioner was apprehended and from the place 16.485 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.14210 of 2018 (2) dt.13-03-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and he has been falsely implicated in the aforesaid case. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 464/17, arising out of P.R. No. 40/17-18, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T