Vikky @ Vikky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13360 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -DELHA District- GAYA ======================================================
1. Vikky @ Vikky Kumar, S/o Dinesh Prasad, Resident of Mohalla- Ram Shila Pahad Pani Tanki, P.S.- Kotwali, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Delha P.S. Case No. 11 of 2018 registered under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 140 liters of country made liquor is said to have been recovered from the tempo and petitioner who happens to be driver of the said tempo was apprehend while another accused Chhotu Kumar managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He has no concern with the seized
Patna High Court Cr.Misc. No.13360 of 2018 (02) dt.07-03-2018 2/ 2 liquor. The aforesaid liquor is hailing to Chhotu Kumar who managed to escape and the said Chhotu Kumar was transporting the said liquor without knowledge of the petitioner in the said vehicle. He has no criminal antecedent. He has been languishing in custody since 16.01.2018.
In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Special Judge Excise, Gaya in connection with Delha P.S. Case No. 11 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T