Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18312 of 2024 Arising Out of PS. Case No.-939 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vikram Kumar son of Narharinath Ray Resident of village- Lal Pokhar Dighi Kala, Ps- Hajipur Sadar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 46.350 liters of liquor from the house of Prabhunath Singh.

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 and petitioner has no connection or relation with Prabhunath Singh and he came to be implicated at the instance of 'Chowkidar' with whom he is on

Patna High Court CR. MISC. No.18312 of 2024(2) dt.20-03-2024 2/2 inimical term. It is further submitted that in ninety percent of the cases the police is implicating the accused persons either at the instance of Chowkidar or local people.

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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1cum-Additional Sessions Judge, Vaishaili at Hajipur in connection with Hajipur Sadar P.S. Case No.939 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