Vishal Kumar @ Bitu @ Bitu Choudhary @ Papu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50559 of 2021 Arising Out of PS. Case No.-473 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== VISHAL KUMAR @ BITU @ BITU CHOUDHARY @ PAPU Son of Vijay Singh @ Lalu Choudhary Resident of Village - Rajpur Bazar, P.S. - Rajpur, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, 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 Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of about 1058 liters of country made liquor from the Ahmed Nagar Mohalla.

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 Minhaz Khan who was apprehended at the spot and the

Patna High Court CR. MISC. No.50559 of 2021(3) dt.01-04-2022 2/2 petitioner has no concern with said Minhaz Khan. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 473 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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