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Bikki Kumar @ Rakesh Kumar @ Vikki Kumar @ Vikki Ram v. the State of Bihar

Patna HC18 Dec 2019CR. MISC./84257/2019

Case brief

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What is this about?

The High Court at Patna ordered the release of a petitioner on bail in a case involving offences under the Indian Penal Code and Bihar Excise Act. The court considered the recovery of liquor from a joint family house and the duration of the petitioner's custody before granting bail with surety and bond. (45 words)

What did the court decide?

Petitioner released on bail furnishing bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise).

Bikki Kumar @ Rakesh Kumar @ Vikki Kumar @ Vikki Ram Vs the… — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84257 of 2019

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Arising Out of PS. Case No.-168 Year-2019 Thana- CHAPRA MUFFASIL District- Saran

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======================================================

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BIKKI KUMAR @ RAKESH KUMAR @ VIKKI KUMAR @ VIKKI RAM, S/o Mainejar Ram @ Manejar Ram R/o Mohalla- Prabhunath Nagar, Dahiawan, P.S.- Chapra Mufassil, District- Saran at Chapra

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash, Adv. For the Opposite Party/s : Mr.Ram Bachan Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 18-12-2019

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

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The petitioner is languishing in custody since 21.11.2019 in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 38(2) of the Bihar Excise and Prohibition Act, 2016, as amended by the Amendment Act 8 of 2018.

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It is alleged that 57.900 litres of Indian Made Foreign Liquor has been recovered from the house of the petitioner.

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It is submitted by learned counsel for the petitioner that since the recovery has been made from the joint family house, hence, it cannot be treated from the conscious physical

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Patna High Court CR. MISC. No.84257 of 2019(2) dt.18-12-2019 2/2

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possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is accused in one other case of similar nature.

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Learned APP for the State submits that the recovery has been made from the house of the petitioner.

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Considering the claim of the petitioner to the effect that the said recovery has been made from the joint family house and the period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise), Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 168 of 2019.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Bikki Kumar @ Rakesh Kumar @ Vikki Kumar @ Vikki Ram v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bikki Kumar @ Rakesh Kumar @ Vikki Kumar @ Vikki Ram v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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