Vijay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18957 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Vijay Kumar Rai Son Of Late Gauri Shankar Roy, Resident Of Village Banda, Police Station Hathauri ,DISTRICT Samastipur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gaurav Kumar, Advocate For the Opposite Party :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections-30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 5392 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as he is said to be owner of one of the vehicles, in question. The said vehicle, in question is run as a public transport. The petitioner had go no knowledge regarding the nature of goods booked by the transporter. Except for this, there is no other

Patna High Court CR. MISC. No.18957 of 2023(2) dt.10-05-2023 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 5392 liters wine is recovered from three different vehicles. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Khodawandpur P.S. Case No. 260 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T