Vijay Kumar @ Ramjane v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22393 of 2022 Arising Out of PS. Case No.-519 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== VIJAY KUMAR @ RAMJANE Son of Ram Pavittar Sahni @ Ram Pavittar Choudhary Resident of Village - Khaira ward no.13, P.S.- Tajpur (Waini O.P.), Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 09 liters of liquor from a place behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even recovery is from a place which does not

Patna High Court CR. MISC. No.22393 of 2022(2) dt.05-08-2022 2/3 belong to the petitioner rather it is situated behind the house of the petitioner and he came to be implicated based on secret information which is the easiest way to implicate an innocent person.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has not approached the Court with with clean hands as in the F.I.R. it has been recorded that the petitioner is an accused in other cases also.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tajpur (Waini O.P.) P.S. Case No. 519 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedents. In the event, if it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.22393 of 2022(2) dt.05-08-2022 3/3 antecedents, then the present order shall not be acted upon. (Satyavrat Verma, J) Shivam/- U T