Bihari @ Bipin Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37797 of 2020 Arising Out of PS. Case No.-215 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== BIHARI @ BIPIN BIHARI S/o Late Jitendra Singh Resident of Village - Khangah, P.S. - Arwal, District - Arwal ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 19.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Excise Case No. 523 of 2020, arising out of Arwal P.S. Case no. 215 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying of liquor loading on white colour pickup van bearing registration No. JH04J-5234 by Langtu, Ajit Paswan and Bihari (Petitioner) near Janki Asthan, informant along with other Police personnel reached there. On seeing the Police personnel, three persons succeeded to flee

Patna High Court CR. MISC. No.37797 of 2020(2) dt.05-07-2021 2/2 away. On search of white colour pick up van bearing registration No. JH04J-5234 several bottles of Indian Made Foreign Liquor in volume of 346.430 litres recovered. Learned counsel for the petitioner submits that petitioner was not apprehended on the spot and he has falsely been implicated in this case mere on suspicion. Further submission is that petitioner has no criminal antecedent and he is not connected, in any manner, with the seized pick up van. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Jehanabad in connection with Excise Case No. 523 of 2020, arising out of Arwal P.S. Case no. 215 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T