Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49637 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== VIKRAM KUMAR S/o Manoj Singh R/o Village- Pipraha, P.S.l- Minapur, (O.P. Panapur), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Minapur P.S. Case no. 161 of 2022 instituted for the offence under Sections 414, 272, 273/34 of the IPC and Section 30(a) and 36 of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 194 litres of English wine from different vehicles and and driver a a vehicle was apprehended on spot who disclosed total nine accused persons including the petitioner as of his associates. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.49637 of 2022(2) dt.11-11-2022 2/2 concern with the alleged recovery. The name of the petitioner has been disclosed in this case by the apprehended accused person before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Minapur P.S. Case no. 161 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court no. 1, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U