Arvind Kumar @ Arvind Singh @ Aravind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67038 of 2021 Arising Out of PS. Case No.-713 Year-2020 Thana- MAHUA District- Vaishali ====================================================== ARVIND KUMAR @ ARVIND SINGH @ ARAVIND KUMAR S/o Kameshwar Singh @ Rameshwar Singh R/o Village- Garjaul Paharpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii)/34(ii)/38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018 and Section 414 of the Indian Penal Code. It is a case of recovery of about 1278 of Indian Made foreign liquor from the two vehicles.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery was made from the conscious or constructive possession of the petitioner and petitioner has not been apprehended at the spot and the seized

Patna High Court CR. MISC. No.67038 of 2021(4) dt.12-07-2022 2/2 vehicles do not belong to this petitioner. He further submits that petitioner is not the owner of the truck or the Bolero vehicle from which the consignment of liquor was recovered. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submission, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Mahua P.S. Case No. 713 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T