Vikas Kumar @ Ballu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69059 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== VIKAS KUMAR @ BALLU son of Late Lalan Roy @ Kari Singh VillageNarayan Pipar Ps- Khodawandpur Chhaurahi OP Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Khodawandpur P.S. Case No.228 of 2023, registered for the offences punishable u/s 420, 467, 468, 471, 272, 273, 120(B)/34 of the IPC and 30(a)/41(i) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Altogether 1639.880 litres of foreign liquor is said to have been recovered from a Truck and one person was apprehended on the spot, who disclosed that petitioner and others fled away from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.69059 of 2023(2) dt.09-11-2023 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis of statement of the apprehended co-accused. Petitioner has nine criminal antecedent.

5. Having regard to the facts and circumstances of the case and considering the criminal antecedent of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T