Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75088 of 2024 Arising Out of PS. Case No.-709 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Vicky Kumar Son of Devanand Ray @ Devanand Kumar Resident of Village - Danapur Ward No. 21, P.S. - Danapur, District - Patna 2.

Sunil Kumar Son of Sanjay Ray Resident of Village - Danapur, P.S. - Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 709 of 2024 registered for the offences under Sections 30(a), 32(1), (3) and 41 (1) (2) of the Bihar Prohibition and Excise Amendment Act, 2018 and 2022.

3. As per the prosecution case, the recovery is of 111.600 liters of Indian Foreign Liquor from a car.

4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and nothing has been recovered from their possession.

5. It has further been submitted by the learned counsel for the petitioners that the petitioners are in custody since 10.09.2024 and they claim to have clean antecedent.

6. Learned APP for the State opposes the application of the petitioners for grant of bail.

Patna High Court CR. MISC. No.75088 of 2024(3) dt.25-10-2024 2/2

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioners, above named, be released 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, Excise-II, Kaimur at Bhabhua in connection with Excise P.S. Case No. 709 of 2024.

9. As the petitioners claim to have clean antecedent, the Court below, before accepting the bail bonds of the petitioners is directed to verify the criminal antecedent of the petitioners. If the Court below finds that the petitioners have no criminal antecedent, their bail bonds shall be accepted. If the Court below finds that the petitioners are involved in any other case, their bail bonds shall not be accepted.

10. As a condition of this order, the petitioners after being released on bail are directed to mark their attendance at Danapur Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioners. (Sandeep Kumar, J) Harshita/- U T