Vishal Kumar @ Bishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23052 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== VISHAL KUMAR @ BISHAL KUMAR SON OF VIJAY RAI @ BIJAY RAI RESIDENT OF VILLAGE- DIWANTOK, WARD NO. 06, P.S. - GANGABRIDGE, DISTT. - VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a)(b)(c) 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 100 liters of liquor along with 100 liters of Jawa from an area near Ganga Diara.
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 the alleged recovery is from a place which
Patna High Court CR. MISC. No.23052 of 2023(2) dt.15-05-2023 2/2 is accessible to public at large and does not belong to the petitioner, it is next submitted that the petitioner came to be implicated based on confessional statement of co-accused when, admittedly, he is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur P.S. Case No. 338 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T