Vickey Kumar @ Vickey Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2076 of 2023 Arising Out of PS. Case No.-4 Year-2020 Thana- DELHA District- Gaya ====================================================== Vickey Kumar @ Vickey Sao, Son of 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. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Delha P.S. Case No. 04 of 2020 dated 06.01.2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that as per the FIR and seizure list the alleged wine was recovered from the house of co-accused Dilip Thatera and and a vehicle (car) parked outside the house of the said co-accused Dilip Thatera and the petitioner was not apprehended at the spot and the said co-accused was arrested when the police raided the alleged place of recovery and he revealed the name of this petitioner being involved in the smuggling of wine but except the said statement of apprehended

Patna High Court CR. MISC. No.2076 of 2023(2) dt.25-04-2023 2/2 co-accused there is no any other material against the petitioner and he has been languishing in jail since 11.11.2022, though against the petitioner there are criminal antecedents of three cases but he has got bail in all the said cases and in the present matter the investigation has been completed against him.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the alleged recovery was made from the house of coaccused and a car parked outside the house of the said coaccused and petitioner was not arrested at the spot and his name surfaced in the statement of arrested co-accused, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Delha P.S. Case No. 04 of 2020 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T