Vinit Kumar Singh @ Vinit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59153 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Vinit Kumar Singh @ Vinit Singh Son Of Narayan Singh Resident Of Village -Samaspura, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Hajipur Excise P.S. Case No. 172 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 148.680 litres of illicit country made foreign liquor was recovered from the Harpur village.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to three earlier criminal antecedents against him. There is no recovery made from physical or conscious possession of the petitioner. He has no concern with the other co-accused
Patna High Court CR. MISC. No.59153 of 2023(2) dt.08-09-2023 2/2 persons as well as the seized liquor. Except the secret information received by the informant there is no material against the petitioner and no compliance of Section 100 Cr.P.C. has been done in this case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No. 02-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Excise P.S. Case No. 172 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) khushbu/- U T