Vidyapati Kumar @ Lantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44501 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Vidyapati Kumar @ Lantu, Son Of Vinod Kumar @ Vinod Singh Resident Of Village - Ajnaura, P.S. - Noorsarai, Distt. - 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 APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 36 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 743.400 litres of liquor from a carton found at village-Ishapur near the pipeline.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is next submitted that even

Patna High Court CR. MISC. No.44501 of 2023(2) dt.17-07-2023 2/2 the alleged recovery is from a place, which is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned IVth Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda in connection with Noorsarai P. S. Case No.147 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T