Vinod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50582 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- BITHAN BAZAR District- Samastipur ====================================================== VINOD KUMAR SAH Son of Aklu Sah Resident of Village - Morkahi Alouli, P.S.- Alouli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-04-2022 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 Sections 30 (a) and 30(f) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of about 579.960 liters of foreign liquor from the co-accused.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery from the conscious or constructive possession of the petitioner and the name of the petitioner has transpired by the confessional statement of coaccused Arbind Sah who was apprehended at the spot. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.50582 of 2021(2) dt.01-04-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances 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 thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge Excise Act, Samastipur in connection with Bithan P.S. Case No. 31 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T