Bipin Yadav @ Vipin Yadav @ Vipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35523 of 2022 Arising Out of PS. Case No.-96 Year-2018 Thana- KARJAIN District- Supaul ====================================================== BIPIN YADAV @ VIPIN YADAV @ VIPIN KUMAR YADAV Son of Sampat Lal Yadav @ Sampat Yadav Resident of Village- Achra, P.S.- Phulkaha, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 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 has antecedent of five cases and allegation is of recovery of 80 bottles of liquor from a motorcycle of 300 ml each and 1474 bottles of liquor from a four wheeler. 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 petitioner is neither the owner nor the driver of

Patna High Court CR. MISC. No.35523 of 2022(2) dt.22-08-2022 2/2 the alleged vehicle and his name transpired during investigation by Md. Nizam, the learned counsel for the petitioner next submits that petitioner because of his antecedent came to be implicated falsely with a view to save the real culprits by the police at the instance of Md. Nizam.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karjain P.S. Case No. 96 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T