Vijay Das @ Vijay Kumar Das @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61928 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Vijay Das @ Vijay Kumar Das @ Vijay Kumar S/O- Shivjee Das VillageBangari Ps- Kanti Panapur Op Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kanti (Panapur O.P.) P.S. Case No.561 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is a recovery of 927 litres of Indian made foreign liquor from a Bolero Pick-up Van as well as three motorcycles standing in the litchi orchard.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the alleged seized vehicles. He is not the owner of the litchi orchard also and he was not present on the spot nor he was identified as fled away person. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.61928 of 2023(2) dt.16-10-2023 2/2
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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No.II, Muzaffarpur in connection with Kanti (Panapur O.P.) P.S. Case No.561 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T