Patna High CourtCR. MISC./86452/2024bail granted

Vikash Kumar v. The State Of Bihar

2025-01-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86452 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Vikash Kumar Son of Kameshwar Ray Resident of village- Saraiya, P.S.- Rajepur, Distt.- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Kumar Pandey For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 207 of 2024 dated 07.10.2024 registered under Section 30 (a), 41(1) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. As per the prosecution case on 07.10.2024 the informant got a secret information that petitioner along with other accused persons have kept huge quantity of foreign liquor and selling the same, proceeded towards the place of occurrence and upon seeing the police party four persons fled away. Upon inquiry, the villagers and Chowkidar disclosed the name of the petitioner along with other accused persons. 339.87 liters of foreign liquor was recovered from the field belonging to Ravindra Rai.

4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been

Patna High Court CR. MISC. No.86452 of 2024(2) dt.18-01-2025 2/2 made accused on the basis of secret information and disclosure of his name by the Chowkidar and the villagers. The illicit liquor has not been recovered from the premises belonging to the petitioner but the same has been recovered from an open field belonging to one Ravindra Rai.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner is having no criminal antecedent and illicit liquor has not been recovered from the premises belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran at Motihari in connection with Rajepur P.S. Case No. 207 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T