Vicky Kumar Thakur @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6110 of 2018 Arising Out of PS. Case No.-677 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Vicky Kumar Thakur @ Vicky, Son of Pappu Thakur, resident of Mohalla Station Mal Godown, P.S. Kotwali, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramashish For the Opposite Party/s :

Mr. UDAY PRATAP SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273/34 of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 648 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.11.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case as he was co-passenger on the pick up van in question. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.6110 of 2018(3) dt.17-02-2018 2/2 evidence to suggest the implication of the petitioner in the present case. It is alleged that 648 liters wine is recovered from a pick up van in question. The petitioner had no knowledge regarding the nature of goods in question loaded by the transporter. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya in connection with Sherghati (Dobhi) P.S. case No.677 of 2017.

(Sudhir Singh, J) Narendra/- U T