Vikas Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86116 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== VIKAS KUMAR YADAV S/O SANTOSH YADAV R/o vill - Dharam Parsa, P.S. - Manjhagarh, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam Kumar Yadav For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Manjhagarh P.S. Case No. 267 of 2024 registered for the offences punishable under Section 126(2), 115(2), 262, 121(1), 132, 352, 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2016/2018.
3. The prosecution case, in brief, is that 28.800 liters country made liquor has been recovered from Scorpio car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that petitioner has nothing to do with the alleged recovery and he is
Patna High Court CR. MISC. No.86116 of 2024(2) dt.17-12-2024 2/2 not the owner of the car from where recovery is stated to be made. Nothing incriminating has been recovered from conscious possession of the petitioner. The petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is also involved in the present case.
6. Considering the facts and circumstances of case and the fact that the petitioner is also involved in the present case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T