Vijay Kumar @ Marshal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79106 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- NADI District- Supaul ====================================================== Vijay Kumar @ Marshal Son of Shiv Kumar Yadav @ Shivendra Yadav Resident of Village- Rasuar Tola Kyotapatti, P.S.- Supaul Nadi, DistrictSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Supaul Nadi Police Station Case No. 121 of 2023, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the FIR, on 25.11.2022, informant got secret information that in north of Shiv Mandir near Koshi Bandh village Kyottapatti No. 2, one bag is kept in the bush. Upon this information, police party reached the said place and saw one jute bag in the bush beside the road. Upon search, 27.3 liters of nepali country made liquor has been recovered.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence as alleged. The illicit liquor has been recovered from an abandoned place. Petitioner

Patna High Court CR. MISC. No.79106 of 2024(2) dt.05-12-2024 2/2 has no connection with the alleged recovery of liquor. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case at the instance of enemies.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has been recovered from an open space accessible to everyone and not from the premises of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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. 1, Supaul, in connection with Supaul Nadi Police Station Case No. 121 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T