Bipin Kumar @ Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28392 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- NADI NAINAHA District- West Champaran ====================================================== BIPIN KUMAR @ BIPIN SAH Son of Sri Anirudh Sah Resident of VillageMadhubani, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioner apprehends his arrest in Nadi P.S. Case No.35 of 2018 registered under Sections 420, 467, 468 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The informant, on secret information, intercepted a vehicle and arrested one person namely Navin Kumar. The informant further alleged that Navin Kumar disclosed the names of other accused persons who managed to flee away from the vehicle. About 1700 liters country made liquor was recovered from the vehicle as well as from the boat.

The learned counsel for the petitioner submits that petitioner was not apprehended on the spot and the name of the

Patna High Court CR. MISC. No.28392 of 2019(2) dt.30-04-2019 2/2 petitioner is said to have been disclosed by Navin Kumar. Navin Kumar is a resident of Haryana State and petitioner is not at all acquainted with him.

Taking into consideration the facts aforesaid and the fact that name of the petitioner surfaced on the disclosure made by Navin Kumar who was apprehended in the vehicle from which huge quantity of liquor was recovered and petitioner submits that he has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, West Champaran at Bettiah in connection with Nadi P.S. Case No.35 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T