Patna High CourtCR. MISC./44089/2023bail granted

Vikash Kumar @Vikas Kumar v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44089 of 2023 Arising Out of PS. Case No.-382 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Vikash Kumar @VIKAS Kumar Son Of Police Ray Resident Of VillageSukumarpur, Jafrabadtok, Ps- Raghopur, Distt- Vaishali. At Present Residing Village- Damrahi Ghat, Pani Tanki, Ps- Malsalami, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

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 Sections 30(a) and 36 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 200 liters of liquor from an Auto.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of villager, but then the F.I.R. does not disclose the name of the person who disclosed the name of the

Patna High Court CR. MISC. No.44089 of 2023(2) dt.14-07-2023 2/2 petitioner. It is further submitted that petitioner is not the owner of the seized vehicle.

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. 1,000/- (Rupees One 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 Malsalami P.S. Case No. 382 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T