Vicky Kumar @ Vickey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46236 of 2018 Arising Out of PS. Case No.-402 Year-2018 Thana- BARACHATTI District- Gaya ======================================================

1. Vicky Kumar @ Vickey Son of Rajesh Prasad, R/o Jagarnathpur, P.S.- Jagarnathpur, District- Ranchi (Jharkhand).

2. Vishal Thakur, Son of Manbodh Thakur, R/o New Colony, P.S.- Jagarnathpur, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Barachatti (Mohanpur) P.S. Case no. 402 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016. 360 lts. of foreign liquor is said to have been recovered from Sumo Gold vehicle and petitioners sitting on the said vehicle were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They happen to be student and had

Patna High Court Cr.Misc. No.46236 of 2018(4) dt.28-08-2018 2/2 boarded the aforesaid vehicle at Ranchi for Bodh Gaya without any knowledge of keeping of liquor in the vehicle and the driver of the vehicle managed to escape leaving the aforesaid liquor laden vehicle seeing the police personnel. They have been falsely implicated in this case. They have no criminal antecedent. They have been languishing in custody since 17.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Barachatti (Mohanpur) P.S. Case no. 402 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T