Vinit Kumar Singh @ Vinit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35658 of 2018 Arising Out of PS. Case No.-70 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Vinit Kumar Singh @ Vinit Singh, S/o Narayan Singh, R/o VillageSamaspura (but real R/o Village - Jahangirpur Salkhanni), P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Smt. Rina Sinha For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Smt. Rina Sinha, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is licensee of fruit juice, apprehending his arrest in connection with C 2A 70 of 2017 , registered for the offence under Section 30(a) & 35(e) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner at the very outset has drawn my attention to the order impugned whereby his prayer for anticipatory bail was rejected by the learned Additional Sessions Judge -II cum Special Judge, Vaishali at Hajipur. She submits that on perusal of the impugned order it is evident that till dismissal of anticipatory bail petition of the

Patna High Court Cr.Misc. No.35658 of 2018(2) dt.28-06-2018 2/3 petitioner enquiry report as to whether seized fruit juice was beer or not had not been received, even then , in perfunctory and haste manner, Excise Officials has registered a case as if cognizable offence was committed. It has been argued that petitioner being licensee was selling fruit juice and unauthorizedly search was conducted on an allegation that petitioner was selling fruit beer in the name of fruit juice. It has been reiterated that without any report received as to whether the seized juice was beer or not, there was no reason to lodge a case showing as if cognizable offence was committed. Learned Additional Public Prosecutor has opposed the prayer , however, he has not disputed the fact which has been noticed by the learned court below.

Since this court is hearing the prayer for grant of anticipatory bail , I am refraining to pass any adverse comment on the prosecution authority, however, considering the nature of accusation, the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let petitioner Vinit Kumar Singh @ Vinit Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two

Patna High Court Cr.Misc. No.35658 of 2018(2) dt.28-06-2018 3/3 sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - II cum Special Judge Vaishali at Hajipur / concerned court in connection with C 2A 70 of 2017 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T