Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.689 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Vicky Kumar Mohan Raut Village- Amawa, P.S.- Ghorasahan, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the I.P.C. and sections 41(i) & 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a motorcycle bearing registration no. BR28J-7556 from where, total 90 liters of illicit nepali liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. He has no

Patna High Court CR. MISC. No.689 of 2024(2) dt.16-01-2024 2/2 concern with the alleged recovery of illicit liquor or with the vehicle in question. No any incriminating article has been recovered from his possession. He is languishing in judicial custody since 30.10.2023.

5. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

6. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kundwa Chainpur P.S. Case No. 169 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran at Motihari.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T