Bipin Yadav @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44287 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- CHORAUT District- Sitamarhi ====================================================== Bipin Yadav @ Bipin Kumar, Son Of Yogi Rai, Village- Sapaha, P.S.- Choraut, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Choraut P.S. Case No. 21 of 2024 for the offence registered under Sections 30 (A) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on a secret information police conducted raid and total 135 litres of illicit Nepali Saufi wine has been recovered from jute bags which was being carried by the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of disclosure made by the co-accused who apprehended on the spot. He further submits that petitioner is a young boy aged about 23 years and has no concern with the seized liquor except the disclosure statement of the co-accused,

Patna High Court CR. MISC. No.44287 of 2024(3) dt.09-08-2024 2/2 there is no material against the petitioner. Recovery is made from an open place i.e. on the road side near Upgraded Middle School. It is further submitted that similarly situated co-accused has already been granted anticipatory bail vide order dated 20.07.2024 passed in Cr. Misc. No. 42908 of 2024. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Choraut P.S. Case No. 21 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T