Vinod Saw @ Vinod Thathera @ Vinod Thathar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9401 of 2025 Arising Out of PS. Case No.-457 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Vinod Saw @ Vinod Thathera @ Vinod Thathar, aged about 47 years, S/O Yamuna Saw, resident of Musallampur Chi Tola, P.S.- Kadamkuan, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kadamkuan PS Case No.457 of 2020 dated 28.10.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Allegation is of recovery of 1.845 litres English wine from the possession of Sonu Kumar, who was apprehended at the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has been made accused only on the basis of disclosure made by the person apprehended at the spot. Nothing
Patna High Court CR. MISC. No.9401 of 2025(2) dt.06-03-2025 2/2 has been recovered from either from conscious possession or from the house of the petitioner. Said wine has been recovered from the possession of Sonu Kumar and the petitioner has no concern with the said person. Lastly, it is submitted that the petitioner has clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Patna, in Kadamkuan PS Case No.457 of 2020, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T