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Patna High CourtCR. MISC./2084/2025bail granted

Vikash Kumar v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2084 of 2025 Arising Out of PS. Case No.-1258 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Vikash kumar S/o Late Naresh Singh R/o vill - Meh, P.S. - Narari Kala Khurd, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Excise Sadar Aurangabad PS Case No. 1258 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 80 litres of country made liquor was recovered from Car. 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 has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no

Patna High Court CR. MISC. No.2084 of 2025(2) dt.22-01-2025 2/2 knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 19.12.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S. Charge-sheet has been submitted in this case. 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Sadar Aurangabad PS Case No. 1258 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T