Bipin @ Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21009 of 2021 Arising Out of PS. Case No.-712 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Bipin @ Bipin Singh Son of Ramji Singh @ Late Ramji Singh Resident of Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratima Kumari For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii)(34(ii)(38(ii) 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 540.830 litres of Indian

Patna High Court CR. MISC. No.21009 of 2021(2) dt.21-12-2021 2/3 made foreign liquor from a pick-up van.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the pick-up van or the seized contraband. Moreover, similarly situated co-accused has been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 26200 of 2020. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court, Vaishali at Hajipur in connection with Mahua P.S. Case

Patna High Court CR. MISC. No.21009 of 2021(2) dt.21-12-2021 3/3 No. 712 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T