Vikas Rai @ Vikesh Rai @ Vikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34276 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Vikas Rai @ Vikesh Rai @ Vikesh Kumar Son of Bechu Rai R/o - VillMasaha Alam, P.S- Bairgania , Dist - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Ms. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 89.7 litres of liquor from a bag allegedly thrown by the accused, who fled on a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner nor the petitioner has any concern with the bag in question from which it is alleged that liquor was recovered and he came to be implicated at the instance of chowkidar. It is also submitted that police in majority of the cases

Patna High Court CR. MISC. No.34276 of 2024(2) dt.23-08-2024 2/2 implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation in a mechanical manner.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bairagania P.S. Case No.66/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T