Vishal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6133 of 2025 Arising Out of PS. Case No.-792 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Vishal, aged about 24 years, Male, S/o- Virendra @ Virender Singh, R/O Village- Samaypur Badli, House No. 520, PO-P.S- Badli, District- New Delhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kiran Kumari Sharma, Advocate For the Opposite Party :
Mr. Md. Iftekhar Mahmood, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 792 of 2024 dated 14.10.2024 registered for the offences punishable under Sections 30(a) and 32(I)(III) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total 166.125 litres of foreign liquor is said to have been recovered from the car.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He was not arrested on the spot. His name has come in the present case because the petitioner is the owner of the seized car in question but the seized illegal liquor does not
Patna High Court CR. MISC. No.6133 of 2025(2) dt.27-03-2025 2/2 belong to the petitioner. He had no knowledge that illegal liquor is kept on the said car. There is no compliance of Sections 103(4) and 103(8) of the BNSS. It is further submitted that the other co-accused person, namely, Sunil Kumar, has already been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 84752 of 2024 under order dated 12.12.2024. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 23.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 2 Kaimur at Bhabhua in connection with Excise P.S. Case No. 792 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T