Vipin Yadav @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27358 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== VIPIN YADAV @ VIPIN KUMAR S/O RAM IQWAL RAI @ RAM EKBAL RAI R/o village- Sirsiya Bazar, Ward No. 11, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-10-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Meena Singh, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with C2 Case No.27/2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 11.01.2021. As per the prosecution story, the petitioner was arrested by the S.S.B. personnel with 230 bottles of Nepali Saufi Wine near B.P.No.309/16 on 10.01.2021 while the same was being smuggled from Nepal to India.

Patna High Court CR. MISC. No.27358 of 2021(2) dt.04-10-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. Learned counsel submits that nothing incriminating has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 11.01.2021 having no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that 69 liters of Nepali Saufi Wine has been recovered from the possession of the petitioner, however, the petitioner has got no criminal antecedent and has remained in custody since 11.01.2021, investigation against him is complete, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with C2 Case No.27/2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify

Patna High Court CR. MISC. No.27358 of 2021(2) dt.04-10-2021 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.