Vikky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80101 of 2018 Arising Out of PS. Case No.-433 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Vikky Kumar son of Krishna Prasad Yadav, resident of Ghagha Gali P.S. Chowk District Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Special Case No. 10385 of 2018 arising out of Chowk P.S. Case No. 433 of 2018) registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Informant who is a police officer has alleged in his written complaint that a secret information was received in the police station that a consignment of illicit liquor is being unloaded in the house of Jaikant and they are storing the illicit liquor in their house and upon receiving such information the house of Jaikant was raided then all fled away on seeing the police, however, they managed to escape. It has been alleged against petitioner that he was also fleeing from the house of Jaikant and was apprehended by the police after chase. It has
Patna High Court Cr.Misc. No.80101 of 2018(2) dt.09-01-2019 2/2 been submitted on behalf of the petitioner that he is innocent and has been apprehended in this case only on the basis of suspicion. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 30.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Act, Patna, in connection with Special Case No. 10385 of 2018 arising out of Chowk P.S. Case No. 433 of 2018), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) ranjan/- U