Patna High CourtCR. MISC./8580/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-02-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8580 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== VISHAL KUMAR S/O- LALBABU RAY @ PREM KUMAR RAY R/OVILLAGE- LAGUNIYA SURYKANTH, WARD NO.- 01, P.S.- MUFASSIL, DIST.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Samastipur (Mufassil) P.S. Case No.500/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 172.08 litres of liquor from a place near a railway crossing. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is further

Patna High Court CR. MISC. No.8580 of 2024(2) dt.27-02-2024 2/2 submitted that even alleged recovery is from a place which is accessible to public at large.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-1, Samastipur in connection with Samastipur Mufassil P.S. Case No.500/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T