Vikas Kumar @ Vikas Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2966 of 2025 Arising Out of PS. Case No.-277 Year-2021 Thana- Excise P.S. District- Samastipur ====================================================== Vikas Kumar @ Vikas Paswan Son of Vishnudev Paswan R/O village- Rajpur Jaunapur PS- Mohanpur O.P, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Excise P.S. Case No. 277 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 105 litres of Mahua liquor and 8500 litres of Java from the place of occurrence.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.2966 of 2025(2) dt.12-02-2025 2/3 petitioner submitted that the name of the petitioner transpired in the present case on the basis of secret information. It is submitted that the illegal "Bhatthi" to prepare country made liquor was found running in an open place i.e. Diara near to Dumri village. It is submitted that the petitioner prima facie not appears connected in any manner with alleged recovery or the manufacturing activities and save and except suspicion, nothing survives against him, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as save and except suspicion nothing survives against this petitioner, who is a man of clean antecedent, coupled with the fact that alleged recovery and manufacturing activities was found running in an open place, accessible by general public, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.2966 of 2025(2) dt.12-02-2025 3/3 sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-02, Samastipur/concerned Court, where the case is pending in connection with Excise P.S. Case No. 277 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T