Vicky Kumar @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56385 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Vicky Kumar @ Bikram Kumar S/O Vinod Ray @ Rajdev Prasad R/O Vill.- Kurthoul, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prasoon Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, to verify the secret information that one person is selling the illicit liquor near Dariyapur water tank, police went to the marked place where co-accused Upendra Yadav who tried to flee away but apprehended and on search, 57 litres of illicit liquor was recovered near the water tank. On enquiry, the apprehended coaccused disclosed that the said liquor belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Further

Patna High Court CR. MISC. No.56385 of 2025(3) dt.23-09-2025 2/3 submission is that petitioner was not present on the spot and he has no concern with the seized illicit liquor & place of occurrence. The alleged recovery is from open place easily accessible to anyone. Petitioner is not involved in the illegal business of illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. Except the disclosure statement of the apprehended co-accused, nothing material is against the petitioner. Petitioner has two criminal antecedents, however, one criminal antecedent has been recorded after this case due to ulterior motive. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Parsa Bazar P.S. Case No. 221 of 2025, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.56385 of 2025(3) dt.23-09-2025 3/3 482(2) of the B.N.S.S., 2023 with further conditions:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Sunil Dutta Mishra, J) utkarsh/- U T