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Patna High CourtCR. MISC./54276/2021allowed

Suraj Vishwakarma @ Suraj Kumar Vishwakarma v. The State Of Bihar

2022-04-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54276 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

SURAJ VISHWAKARMA @ SURAJ KUMAR VISHWAKARMA SON OF CHHATISH VISHWAKARMA @ SATISH VISHWAKARMA R/O CHUNABHTTI, LAXMISAGAR, P.S.- L.N.M. UNIVERSITY, DIST.- DARBHANGA 2.

VIKRAM PASWAN @ VIKRAM KUMAR SON OF KAILASH PASWAN R/O CHUNABHTTI, LAXMISAGAR, P.S.- L.N.M. UNIVERSITY, DIST.- DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no. 2, since during the pendency of this application, he has been arrested. Permission is accorded.

Accordingly, the application of petitioner no. 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no. 1 and learned counsel for the State.

The petitioner no. 1 apprehends his arrest in connection with L.N.M. University P.S. Case No. 112 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise

Patna High Court CR. MISC. No.54276 of 2021(2) dt.08-04-2022 2/2 Act, 2016.

Learned counsel appearing on behalf of the petitioner no. 1 submits that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Further submission is that petitioner has no concern with the alleged car and the illicit liquor. Petitioner is neither the owner nor the driver of the alleged car. Further he submits that petitioner is a man of clean antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner no. 1 be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the A.D.J.-II-cum-Special Judge, Excise Act, Darbhanga in connection with L.N.M. University P.S. Case No. 112 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T