Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29690 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Vipin Kumar S/O Late Umesh Ram @ Umesh Prasad R/o village- Naya Tola Madhopur, Ward No. 14, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Maya Shankar Mishra, Advocate For the Opposite Party/s :
Mr. Nand Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 The matter has been heard via Video Conferencing. Heard learned counsel for the petitioner and Mr. Nand Kumar, learned A.P.P for the State.
The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a)of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 4.140 liters of English liquor from the Poly bag of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the seized liquor. It is submitted that mandatory provision of Sub-section 2 of Section 74 and Section 82 of the Bihar Prohibition and Excise Act with respect to search and seizure have not been followed. Further, it is submitted that nothing was recovered
Patna High Court CR. MISC. No.29690 of 2022(2) dt.06-08-2022 2/2 from the conscious possession of the petitioner. It is further submitted that the petitioner is in custody since 15.03.2022 and is a person with clean antecedent.
Learned A.P.P for the State opposes the prayer for bail.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Ara Rail P.S. Case No. 43 of 2022.
(Khatim Reza, J) shanu/- U T