Vipin Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60250 of 2024 Arising Out of PS. Case No.-185 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== Vipin Bihari Son of Lakhindar Sahi R/O Vill.- Sahwajpur, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr Dhanjay Kumar, Advocate Mr.Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30a and 32(c) of the Bihar Prohibition and Excise Act and sections 472, 473, 471, 468, 457, 420 and 120B of the Indian Penal Code.

3. As per the prosecution case, 1760 liters spirit was recovered from the truck of which petitioner is owner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Since petitioner has already sold the truck in question to some other person, as such, he is not responsible for alleged recovery. No incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

5. Learned counsel for the State submits that the recovery has been made from the truck of the petitioner, as such, petitioner is not entitled to the privilege of pre-arrest bail.

6. Considering the aforesaid facts, this pre-arrest bail

Patna High Court CR. MISC. No.60250 of 2024(5) dt.05-02-2026 2/2 petition is dismissed.

(Prabhat Kumar Singh, J) Shashi U T