Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6327 of 2025 Arising Out of PS. Case No.-371 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Vijay Kumar S/O Lagandeo Rai @ Lagandev Rai Resident of village, ward no.- 01, Sarmastpur, Jhitkahi, P.S-Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Jandaha P.S. Case no. 371 of 2023, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on being signaled to stop, the accused who was coming on a motorcycle abandoned his motorcycle and managed to escape taking benefit of the darkness. It is stated that on search, 24 litres of IMFL was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. In fact, the petitioner had sold the vehicle in question on 25.8.2013

Patna High Court CR. MISC. No.6327 of 2025(2) dt.24-02-2025 2/2 itself vide sale letter which has been brought on record as Annexure-2 to this petition. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner not having been arrested at the spot, no incriminating article having been recovered from his possession and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jandaha P.S. Case no. 371 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. I-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

(Partha Sarthy, J) Anushka/ AvinashU T