Vikki Yadav @ Rahul Kumar Yadav @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67015 of 2023 Arising Out of PS. Case No.-817 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Vikki Yadav @ Rahul Kumar Yadav @ Rahul Kumar Son Of Uma Kant Yadav Resident Of Village- Belwa Kamat, Ps- Sadar Muffasil, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1200 litres of illicit wine from house of the co-accused Vikash Yadav which was unloaded by 407 Mini Truck.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence or with the vehicle in question. Neither the petitioner arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section
Patna High Court CR. MISC. No.67015 of 2023(3) dt.08-11-2023 2/2 100 Cr.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 1.9.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Court no. 1, Purnea in connection with K. Hat (Maranga) P.S. Case No. 817 of 2023. (Sunil Kumar Panwar, J) Amandeep/- U T