Bipin Kumar @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76086 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Bipin Kumar @ Vipin Kumar S/O Bhushan Ray @ Shashi Bhushan Ray R/O Village- Dhanahar, P.S- Waris Nagar, District- Samstipur, Bihar, India. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Waris Nagar P.S. Case No. 222 of 2024 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioner along with Nandan Kumar has concealed huge amount of liquor in the house of Nandan Kumar. On this information, the house of Nandan Kumar was raided and from his house altogether 121.33 litre of foreign made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the case due to local village politics. He has no concern either with

Patna High Court CR. MISC. No.76086 of 2024(2) dt.22-11-2024 2/2 the seized liquor or trade of liquor in any manner. From the perusal of the FIR itself, it is clear that no recovery has been made from the possession of the petitioner. Petitioner is having clean antecedent.

5. Learned APP for the State has opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge (Excise)-02, Samastipur in connection with Waris Nagar P.S. Case No. 222 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T