Patna High CourtCR. MISC./2019/2026bail granted

Vijay Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2019 of 2026 Arising Out of PS. Case No.-444 Year-2025 Thana- SAHPUR District- Patna ====================================================== Vijay Kumar Son of Triloki Nath Singh Resident of Khaspur P.S -Maner, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Special Excise Case No. 2302 of 2025, arising out of Shahpur P.S. case No. 444 of 2025 instituted for the offences under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 17.280 liters liquor was recovered from motorcycle and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.2019 of 2026(2) dt.19-01-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the vehicle in question does not belong to the petitioner. The petitioner has been falsely implicated with ulterior motive. The petitioner is in custody since 13.11.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 2302 of 2025, arising out of Shahpur P.S. case No. 444 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T