Allowed

Vicky Kumar @ Bikki Kumar v. The State of Bihar

Patna HC2 Dec 2022CR. MISC./64939/2022

Case brief

AI extract

What is this about?

The High Court, relying on Ram Vinay Yadav, granted anticipatory bail to the petitioner in an excise matter. The court found no conscious possession of liquor and accused reliance on secret information, noting procedural lapses in recovery under CrPC Section 100.

What did the court decide?

Petitioner to be released on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount upon arrest or surrender within thirty days.

Vicky Kumar @ Bikki Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64939 of 2022

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Arising Out of PS. Case No.-442 Year-2022 Thana- KANKARBAG District- Patna

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Vicky Kumar @ Bikki Kumar S/o Nagendra Kumar R/o VillageChakmahobali, P.O.- Kosut, P.S.- Dhanarua, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Prashant Kumar, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.

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

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 02-12-2022

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State in the virtual court proceeding.

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Recovery is of 4.53 liters of liquor.

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Learned counsel for the petitioner submits that the

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petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the name of the petitioner has been transpired on the basis of the secret

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Patna High Court CR. MISC. No.64939 of 2022(2) dt.02-12-2022 2/4

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information. He further submits that the recovery has been made from grocery shop of the petitioner and not from petitioner’s possession. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the grocery shop as alleged in the F.I.R. He further submits that he is the owner of the grocery shop as mentioned in the F.I.R. He further submits that except the secret information, no other cogent material has come during investigation against the petitioner. Therefore, the recovery cannot be attributed to the petitioner. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on

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Patna High Court CR. MISC. No.64939 of 2022(2) dt.02-12-2022 3/4

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behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner, and his name has been transpired on the basis of the secret information and the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Court below where the case is pending in connection with Kankarbagh P.S. Case No. 442 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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Patna High Court CR. MISC. No.64939 of 2022(2) dt.02-12-2022 4/4

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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vanisha/-

Vicky Kumar @ Bikki Kumar v. The State of Bihar

Case brief

What is this about?

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Vicky Kumar @ Bikki Kumar v. The State of Bihar

Case brief

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