Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51811 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Vikash Kumar Son of Madan Kumar R/V- Pidhauli, P.S- Teghra, DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Teghra P.S. Case no. 4 of 2022 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 9 liters country made foreign liquor under the wood kept beside the back side wall of Shivalaya.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and have committed not offence. He has been falsely implicated in this case. It is further submitted neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.51811 of 2022(2) dt.15-11-2022 2/2 incriminating article has been recovered from his conscious and constructive possession. The place of occurrence does not belong to the petitioner.

Learned APP appearing for the State has opposed the prayer of bail and submitted that the petitioner had got four criminal antecedents out of which one is of Excise Act. Having heard learned counsel for the parties and taking into consideration that the petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

The application stands disposed of.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) amandeep/- U T