This order grants anticipatory bail to the petitioner in connection with offenses under Sections 272, 273 and 34 of IPC and relevant sections of the Bihar Excise Act, subject to specific conditions.
Petitioner released on anticipatory bail on furnishing bonds of Rs. 1,000/- with two sureties if arrested or surrendering within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23340 of 2023
Arising Out of PS. Case No.-5 Year-2023 Thana- MAHUA District- Vaishali
======================================================
VIJAY KUMAR SON OF ASHARFI RAY RESIDENT OF VILLAGEMIRJANAGAR , PS MAHUA DISTT VAISHALI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 16-05-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 211.305 liters of liquor from a place near a bridge situated near Dogra Godown.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted even the alleged recovery is from a place which is
Patna High Court CR. MISC. No.23340 of 2023(2) dt.16-05-2023 2/2
accessible for public at large. It is next submitted that petitioner is came to be implicated based on secret information which is the easiest way to implicate someone, when admittedly petitioner is a person with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 05 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Adnan/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in the given circumstances?
Whether the quantum of bail bonds and sureties is appropriate?
1 provisions across 1 enactments
VIJAY KUMAR SON OF ASHARFI RAY
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
