Vikash Kumar Roy @ Vikash Kumar Rai @ Vikash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4517 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- BIHTA District- Patna ====================================================== Vikash Kumar Roy @ Vikash Kumar Rai @ Vikash Rai Son of Vijay kumar Rai R/o Village-Sudamdih,P.S.-Dhanbad,District-Dhanbad (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr .Saurav Anand For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No.21/2023 registered for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the I.P.C. & Sections 30(a), 32(i)(ii) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 2660 litres of liquor from a truck. It is next submitted that petitioner is neither the driver nor the owner of the truck in question and he came to be implicated based on confessional statement of Lalu Kumar, who was apprehended being the truck driver. It is next submitted that
Patna High Court CR. MISC. No.4517 of 2024(2) dt.13-02-2024 2/2 confessional statement in police custody does not have any evidentiary value in the eye of law. It is also submitted that petitioner was not apprehended from the spot as such nothing was recovered from his possession.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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.500/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, in connection with Bihta P.S. Case No.21/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T