Vipin Kumar @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2901 of 2025 Arising Out of PS. Case No.-884 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Vipin Kumar @ Bipin Kumar S/O Kailash Mandal R/O village Kursela Paschim Tola, PS- Kursela, Dist.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 884 of 2024 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 184.5 litres of foreign liquor was recovered from Bolero Pick-up.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the
Patna High Court CR. MISC. No.2901 of 2025(2) dt.24-01-2025 2/2 petitioner has transpired as being owner of the seized vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other coaccused has been granted regular bail by this Court vide orders dated 17.12.2024 and 18.12.2024 in Cr. Misc. No. 85706 of 2024 and 86191 of 2024 respectively.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his 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 Saharsa Sadar P.S. Case No. 884 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Ranjan/- U T