Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66684 of 2022 Arising Out of PS. Case No.-231 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== VIKKI KUMAR S/o Late Vinod Singh R/o Village- Kotwa, P.S.- Kotwa, Distt- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dhanha P.S. Case No. 231 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 03.10.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 114 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.66684 of 2022(2) dt.23-12-2022 2/3 submitted that petitioner was apprehended with the vehicle on the spot, whereas alleged illicit liquor was recovered from another vehicle and, as such, it can be said that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is further submitted that seizure list is appearing doubtful, being not supported by independent witnesses rather by police perssonel. While concluding the argument, it is submitted that petitioner is a man of clean investigation and, moreover, investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dhanha P.S. Case No. 231 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bagaha, West Champaran/concerned Court, subject to the conditions as
Patna High Court CR. MISC. No.66684 of 2022(2) dt.23-12-2022 3/3 mentioned under Section 437(3) of the Cr.P.C with further condition:
"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."
(Chandra Shekhar Jha, J) R.S.Sen/- U T