Vipin Sahni @ Vipin Ray @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48499 of 2025 Arising Out of PS. Case No.-100 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Vipin Sahni @ Vipin Ray @ Vipin Kumar S/O Bajhail Sahni @ Surendra Rai R/O village - Cha - Salempur, PS - Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate.

For the Opposite Party/s :

Mr. Nityanand, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vaishali P.S. Case No.100 of 2023 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 105 liter country made distilled liquor from the pond of one Virendra Rai located in Village Shekhtola and apprehended coaccused Shatrughan Rai stated the name of petitioner alongwith other co-accused persons that they have fled away from the place of occurrence after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to his two criminal antecedents, in which he is on bail. He further submits that petitioner was neither present on the spot nor has any concern with the seized liquor or the place of

Patna High Court CR. MISC. No.48499 of 2025(3) dt.01-09-2025 2/2 occurrence. Learned counsel submits that the recovery is made from an open place and petitioner has no concern with the said place. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel submits that petitioner undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Prohibition Prior Court (2nd)-cum-District and Additional Sessions Judge, Hajipur, Vaishali in connection with Vaishali P.S. Case No.100 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T