Vijay Kumar @ Vijay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22955 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- DANAPUR District- Patna ====================================================== VIJAY KUMAR @ VIJAY KUMAR GUPTA Son of Late Kameshwar Prasad @ Late Kameshwar Gupta R/o Bibiganj, Maida Toli, Ward no. 18, PSDanapur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== 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) 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 23.250 liters of liquor from the house of petitioner. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that the house is a joint family property, as such it cannot be alleged with certainty that it was the petitioner who had kept the

Patna High Court CR. MISC. No.22955 of 2023(2) dt.15-05-2023 2/2 liquor in the house or the liquor kept in the house was within the knowledge of the petitioner. It is next submitted that he came to be implicated based on secret information and not on the ground that the house belongs to him.

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 Danapur P.S. Case No. 144 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T