Vinay Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14559 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Vinay Jaiswal S/o Jay Mangal Chaudhary Resident of Village- Parsurampur Police Station- Parsauni District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of total recovery of 208.230 liters of liquor from a paddy field.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner. It is next submitted that he came to be implicated at the instance of local people, but then the name of the person who disclosed the name of the petitioner

Patna High Court CR. MISC. No.14559 of 2024(2) dt.11-03-2024 2/2 is not disclosed in the FIR, which cast an aspersion on the case of the prosecution, as it appears that police in order to save the real culprit falsely got the petitioner implicated, because of his antecedents.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court No.2, Sitamarhi in connection with Parsauni P.S. Case No.171 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T