Vinay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5235 of 2024 Arising Out of PS. Case No.-622 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vinay Sah SON OF Chaturbhuj SAH Resident of Village -Mohammadpur Rohua P.S.- Bhagwanpur, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Smt. Priyanka Kumari, Advocate Smt. Kumari Rupa, Advocate Smt. Kumari Seema Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the IPC and 30(A) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is of recovery of 3 liters of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that petitioners are person with clean antecedent and allegation is of recovery of 3 liters of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner being owner of the motorcycle came to

Patna High Court CR. MISC. No.5235 of 2024(2) dt.15-02-2024 2/2 be implicated. It is next submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged who had taken the motorcycle for some work.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Hajipur Sadar P.S. Case No.622 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T