Vickey Kumar @ Vickey Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73632 of 2022 Arising Out of PS. Case No.-320 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== VICKEY KUMAR @ VICKEY SAO S/o Ishwari Shah @ Ishwar Saw @ Guard Babu R/o mohalla- Nauranga, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Muffasli P.S. Case No.320 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1719 liters of illicit liquor from one auto and from one abandoned house and the name of the petitioner has transpired in the present case upon disclosure made by the apprehended co-accused person namely Motilal Kumar.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73632 of 2022(2) dt.10-02-2023 2/3 that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 11.11.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in three other cases but he is on bail in two of them. It is also submitted by referring to paragraph no. 8 of the present petition that neither the petitioner is the owner of the auto in question nor that of the house in question as also he has not been apprehended from the spot, hence, he is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the petitioner is the owner of the house or the auto in question nor he has been arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.73632 of 2022(2) dt.10-02-2023 3/3 to the satisfaction of learned Court of Exclusive Special Judge Excise Court No.01, Gaya in connection with Mufassil P.S. Case No.320 of 2019.

(Mohit Kumar Shah, J) rinkee/sonalU T