Vikash Kumar @ Bala @ Bala Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42843 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- SARAI District- Vaishali ====================================================== VIKASH KUMAR @ BALA @ BALA JEE son of Baskit Singh @ Vasakit Singh Village- Tajpurwa Madhopur Ps- Mahua Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 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 read with Sections 30(a), 32, 36, 41(i) and 41(ii) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of ten cases and allegation is of recovery of 4752 litres of liquor from a truck and five pickup vehicles as detailed in the FIR.

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 that petitioner is not the owner of the vehicle and he

Patna High Court CR. MISC. No.42843 of 2023(2) dt.11-07-2023 2/2 came to be implicated based on secret information which is the easiest way to implicate someone, it is further submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner because of his antecedents. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) 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 Sarai P.S. Case No. 138 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T