Patna High CourtCR. MISC./45034/2023bail granted

Vidyapati Kumar @ Lantu v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45034 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== VIDYAPATI KUMAR @ LANTU Son of Vinod Kumar @ Vinod Singh Resident of village - Ajnaura, P.S.- Noorsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 3.375 liters of liquor from a place in front of the house of Vinod Kumar concealed under straw and 26.820 liters of liquor from the house of Vinod Kumar.

4. 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 he came to be implicated based on

Patna High Court CR. MISC. No.45034 of 2023(2) dt.17-07-2023 2/2 suspicion, it is further submitted that the petitioner being son of Vinod was implicated, it is further submitted that the petitioner was completely unaware that his father had kept liquor in the house, it is also submitted that Vinod Kumar was arrested from the place of occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Noorsarai P.S. Case No. 101 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T