Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31057 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Vikash Kumar Son Of Sri Shambhu Prasad Yadav @ Shambhu Kumar Yadav Resident Of Village- Bhelahi, Ward No.5, P.S.- Murliganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 21.400 litres of cough syrup and one person was apprehended who disclosed his name as Vishal Kumar. He named the petitioner as a person who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.31057 of 2022(2) dt.04-11-2022 2/2 possession of the petitioner. The place of recovery is joint possession of petitioner's father and brother. It is further submitted that the petitioner has been living separately and has no concern with the mess and business of his father and brother. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cumSpecial Judge, Excise, Madhepura in connection with Excise Case No. 178 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T