Vijay Singh And Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47161 of 2017 Arising Out of PS.Case No. -548 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Vijay Singh & Vijay Kumar, son of Sanjivan Singh, resident of village Gandhi Chowk, P.S. Hajipur Town, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Hajipur Town/ Sadar P.S. Case No. 548/2017 for offences punishable under Sections 420, 120-B of the Indian Penal Code and Sections 30, 38, 47, 48 of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution case, as lodged by the police personnel, is that on a secret tip off that the petitioner along with other accused persons are carrying on sale and purchase of illicit liquor, the police conducted a raid at the hut of Late Lal Babu Rai and eight persons

Patna High Court Cr.Misc. No.47161 of 2017 (2) dt.22-09-2017 2/3 including the petitioner managed to escape. From the hut 1556 litres of illicit liquor was recovered and, accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and he is languishing in custody since 11.08.2017. He submits that just because he has a criminal antecedent for similar offence he has been made accused in the present case. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd, Vaishali at Hajipur, in connection with Hajipur Town/Sadar P.S. Case No. 548/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature

Patna High Court Cr.Misc. No.47161 of 2017 (2) dt.22-09-2017 3/3 in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T