Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12198 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Vinod Kumar S/O Ramphal Sahni R/O Village- Rasulpur Saiyad Salim, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Anjana Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Rita Verma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(3) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one under the Excise Act and the allegation is of recovery of 133.920 litre of liquor from an auto. It is next alleged that Ranjan Kumar was apprehended from the auto.

The learned counsel for the petitioner submits that admittedly, the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the apprehended accused did not disclose the name of this petitioner. It is submitted that

Patna High Court CR. MISC. No.12198 of 2022(2) dt.16-06-2022 2/2 petitioner came to be implicated in the present case since he is the owner of the auto. The learned counsel draws the attention of the Court to Para-6 of the anticipatory bail application to submit that he had already sold the auto prior to the occurrence as would be evident from Annexure-2 to the anticipatory bail application.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Excise Case No.274 of 2021 arising out of P.R. No.27 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T