Vikki Yadav @ Rahul Kumar @ Vikky Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Vikki Yadav @ Rahul Kumar @ Vikky Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Purnea, in connection with Maranga P.S. Case No. 139 of 2024, subject to the condition of physical presence before the Court below on each and every date, with the bail bond liable to cancellation on two consecutive absences without reasonable cause.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Maranga P.S. Case No. 139 of 2024 dated 26.05.2024, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the aforesaid facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Purnea, in connection with Maranga P.S. Case No. 139 of 2024.

Ratio / Principle

The bail grant carries the condition that the petitioner remain physically present before the learned Court below on each and every date; failure without reasonable cause on two consecutive dates renders the bail bond liable to cancellation.

Detailed headnote1 paragraphs

PATNA HIGH COURT — Criminal Miscellaneous No.86172 of 2024 (oral order dt. 11-12-2024, Chandra Prakash Singh, J.), arising out of Maranga P.S. Case No. 139 of 2024 dated 26.05.2024 (Thana Marnga, District Purnia) — REGULAR BAIL ALLOWED under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case: total 230.70 litres of illicit foreign liquor recovered from a car. Petitioner Vikki Yadav @ Rahul Kumar @ Vikky Yadav, per counsel, innocent and falsely implicated; neither owner nor driver of the seized vehicle; name transpired in confessional statement of co-accused Mithlesh Kumar; nothing recovered from his conscious possession; 15 criminal antecedents stated in the bail petition; in custody since 18.10.2024; parity urged with co-accused bailed vide order dated 04.09.2024 in Cr. Misc No. 63095 of 2024. State (through A.P.P.) opposed. Considering the facts, circumstances and period of custody, the Court enlarged the petitioner on a Rs.20,000/- bail bond with two sureties of the like amount each, conditioned on physical presence before the Court below on every date, failing which on two consecutive unexcused dates the bail bond is liable to cancellation. Application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86172 of 2024

Arising Out of PS. Case No.-139 Year-2024 Thana- Marnga District- Purnia

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

Vikki Yadav @ Rahul Kumar @ Vikky Yadav Son of Uma Kant Yadav R/O Vill.- Belwa Kamat, Ward no.- 4, P.S- Sadar (Muffasil), District- Purnea

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

7 11-12-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Maranga P.S. Case No. 139 of 2024 dated 26.05.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 230.70 litres of illicit foreign liquor was recovered from the Car.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the seized vehicle. The name of the petitioner has

Patna High Court CR. MISC. No.86172 of 2024(7) dt.11-12-2024 2/3

transpired in this case in the confessional statement of the coaccused Mithlesh Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has 15 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 04.09.2024 passed in Cr. Misc No. 63095 of 2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Maranga P.S. Case No. 139 of 2024, with the following condition:-

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be

Patna High Court CR. MISC. No.86172 of 2024(7) dt.11-12-2024 3/3

cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

guddukr/-

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