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Patna High CourtCR. MISC./10501/2023bail granted

Vikram Yadav @ Vikram Kumar @ Vikarm Kumar v. The State Of Bihar

2023-04-24Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10501 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Vikram Yadav @ Vikram Kumar @ Vikarm Kumar Son Of Udesh Yadav @ Umesh Yadav R/O Village- Chochahi Bharpura, P.S.- Bibhutipur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Mritunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Akshay Lal Pandit, learned APP appearing on behalf of State.

2. The petitioner apprehends his pre-arrest in connection with Bibhutipur P.S. Case No. 357 of 2022 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The prosecution story, in brief, is that 192 litres of foreign made liquor has been recovered from the agricultural land of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel

Patna High Court CR. MISC. No.10501 of 2023(2) dt.24-04-2023 2/2 further submits that nothing has been recovered from the conscious possession of the petitioner.

5. Learned APP has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the fact that 192 litres of foreign made liquor has been recovered from the agricultural land and nothing has been recovered from the conscious possession of the petitioner, the Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge Excise Court No.-I, Samastipur in connection with Bibhutipur P.S. Case No. 357 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) minu/- U