Vipin Pandey @ Vinod Kumar Pandey @ Vinod Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61917 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- Panapur District- Muzaffarpur ====================================================== 1.
Vipin Pandey @ Vinod Kumar Pandey @ Vinod Pandey Son of Late Kapil pandey R/o Village - Maishan, P.S. - Panapur Kariyat, Dist. - Muzaffarpur. 2.
Praveen Pandey Son of Chandeshwar Pandey R/o Village - Maishan, P.S. - Panapur Kariyat, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners are apprehending arrest in connection with Panapur Kariyat P.S. Case No. 104 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 69.495 liters illicit foreign liquor has been recovered from behind the house of Surendra Pandey and one Hero Honda Shine motorcycle was also recovered. Spy disclosed the name of petitioners and others who are said to have fled away from the place of occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.61917 of 2025(2) dt.23-09-2025 2/3 petitioners are innocent and have committed no offence as alleged in the first information report and they have been falsely implicated in this case. Petitioners were not found at the place of occurrence. Petitioners are not the owner of the seized motor cycle in question. Petitioners have no concern with the seized illicit liquor and they not in any way connected with the alleged occurrence. Petitioners bear no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise, IInd, Muzaffarpur in connection with Panapur Kariyat P.S. Case No. 104 of 2025,
Patna High Court CR. MISC. No.61917 of 2025(2) dt.23-09-2025 3/3 subject to the conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) mcverma/- U T