Sachin Kumar @ Vikaram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63832 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Sachin Kumar @ Vikaram Kumar Singh Son Of Subodh Kumar Singh Resident Of Village- Pakar, Ps- Naugachhia, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Adv For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 122 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

57.75 litres illicit liquor has been recovered from an E-Rickshaw. The petitioner's implication is because the apprehended person has disclosed that the petitioner had kept the liquor.

4.

The learned counsel for the petitioner submits that the E-Rickshaw does not belong to the petitioner. He further submits that he has no antecedents. He has been framed on extraneous considerations. The facts are insufficient to make out

Patna High Court CR. MISC. No.63832 of 2023(2) dt.17-10-2023 2/3 any case against the petitioner under the Bihar Prohibition and Excise Act.

5.

The learned APP has opposed the prayer by raising the bar to grant anticipatory-bail under Section 76(2) of the Bihar Prohibition and Excise Act.

6.

Considering the rival submissions, the manner of recovery, as well as the antecedent of the petitioner, this Court, in view of the parameters for considering pre-arrest bail laid down by a Full Bench of this Court in the case of Ram Vinay Yadav vs. State of Bihar, reported in 2019 (2) PLJR 1089 (FB), for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of learned counsel for the petitioner. 7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, 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 bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Bhagalpur in connection with Gopalpur P.S. Case No. 122 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

Patna High Court CR. MISC. No.63832 of 2023(2) dt.17-10-2023 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T