IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64047 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Vikash Yadav S/o- Baleshwar yadav Village- Pithwatola W.No-12, Ps- Deodha Dist- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash, Adv For the Opposite Party/s : Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehend his arrest in connection with jaynagar P.S Case No. 72 of 2024 registered for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2022 3. As per allegation in the FIR, total 828 liters of illicit liquor was recovered from the Xylo Mahindra Vehicle bearing Registration No. BR19F-1703 and from nearby place 270 litre of illicit liquor was recovered from the car of the petitioner. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further Patna High Court CR. MISC. No.64047 of 2024(3) dt.21-02-2025 2/3 submits that no incriminating article has been recovered from his conscious possession of the petitioner. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submits that petitioner is the main assailant of the alleged crime. 6. On perusal of the FIR, impugned order dated 14.05.2024 it appears that upon interrogation, apprehended persons stated that the liquor belongs to Vikash Yadav who has sent them on vehicle and he has kept more liquor near Balua Tole Dam. Police further proceeded towards the said dam where two persons were seen collecting the liquor and on seeing police party they tried to escape out of whom one was apprehended and one person escaped. Apprehended persons states his name as Shrawan Kumar Mukhiya and stated the name of escaped person as Vikash Yadav. Thereafter, police searched the nearby place and total 270 litre of illicit liquor has been recovered. Moreover, petitioner was absconding since long and several attempts were made by the police to arrest the petitioner. 7. Considering the aforesaid facts and the fact that Patna High Court CR. MISC. No.64047 of 2024(3) dt.21-02-2025 3/3 the petitioner is the main accused and investigation is still pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. 8. Accordingly, the anticipatory bail application of the petitioner is hereby rejected. Sunnykr/- (Ramesh Chand Malviya, J) U