Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66455 of 2022 Arising Out of PS. Case No.-360 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== 1.

VIPIN KUMAR S/O VISHUNDEO PRASAD SINGH Resident of VillageMohabbatpur, P.S.- Deoria, District- Muzaffarpur, Bihar. 2.

ASHOK SAH S/O RAM UGARA SAH Resident of Village- Mohabbatpur, P.S.- Deoria, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 31, 32, 33 and 41(A) of the Bihar Excise Act.

Learned counsel for the petitioners submits that petitioners have antecedent of one case and allegation is of recovery of 90 litres liquor from five plastic sacks behind Arun Rai's house.

Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to

Patna High Court CR. MISC. No.66455 of 2022(2) dt.06-12-2022 2/2 be implicated at the instance of local people but then the FIR does not disclose the name of local people who disclosed the name of petitioners which further creates doubt with regard to the veracity of allegation, further the alleged recovery is from a place which does not belong to the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Paroo P.S. Case No. 360 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/Shubham/- U T