Vijay Verma @ Vijay Sao v. The State of Bihar
Case at a glance
- Bench
- PURNENDU SINGH
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr. Pankaj Kumar Sinha, Advocate Mrs. Anita Kumari, A.P.P. ORAL ORDER 2 12-02-2025 Heard Mr. Pankaj Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mrs. Anita Kumari, learned APP for the State.
The petitioner seeks pre-arrest bail in connection with Sikandra P.S. Case No. 262 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
Allegation is of recovery of 45 litres of country- made liquor from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no concern with the seized liquor nor he is involved in trade of liquor in any manner. The room from which 45 litres country- Patna High Court CR. MISC. No.4152 of 2025(2) dt.12-02-2025 made liquor was recovered, was rented out to one Gauri Devi. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.
Considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui, in connection with Sikandra P.S. Case No. 262 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is Patna High Court CR. MISC. No.4152 of 2025(2) dt.12-02-2025 pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. Niraj/- U T (Purnendu Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.