Vijay Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60452 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== VIJAY KUMAR RAY Son of Radha Kant Ray Resident of Village- Mahishi, Ward No.- 10, Police Station- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
Prosecution case is that 1239 liters foreign liquor was recovered from Bolero Pick-up Van of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Vehicle in question was stolen by someone on 29.3.2022 and for that Ujiarpur Police Station Case No. 112 of 2022 has been lodged against unknown on 4.4.2022. Present FIR has been lodged on 6.4.2022, as such, petitioner cannot be held responsible. Petitioner has got no criminal antecedent. Considering the facts of the case, in the event of
Patna High Court CR. MISC. No.60452 of 2022(2) dt.09-12-2022 2/2 arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1, cum Additional Sessions Judge Vaishali at Hajipur in Sadar Police Station Case No. 246 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T