Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42202 of 2018 ====================================================== Vikky Kumar, S/o Late Deepak Sah, R/o Vill.- Sonbarsa Sah, P.S.- Maniyari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (A)/38/41 of the Bihar Prohibition and Excise Act, 2016.

42.300 liters of foreign liquor is said to have been recovered from the bush located adjacent to the house of the petitioner and petitioner was apprehended.

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 no concern either with the seized liquor or the place of recovery. Place of recovery is an open place and easily accessible to anyone. He has been falsely

Patna High Court Cr.Misc. No.42202 of 2018 (02) dt.13-07-2018 2/2 implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 02.06.2018.

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, Muzaffarpur in connection with Maniyari P.S. Case No. 154 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T