Patna High CourtCR. MISC./8502/2026bail granted

Vijay Basfor @ Khesari v. The State Of Bihar

2026-02-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8502 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- MADHAURAH District- Saran ====================================================== Vijay Basfor @ Khesari S/o- Late Rambabu Basfor Resident Of VillageMarhowah Ward No 13, Ps- Marhowrah, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Marhowrah P.S. case No. 22 of 2026 instituted for the offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 4.86 liters liquor was recovered from the house of co-accused and the petitioner was arrested on spot in drunken state.

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

Patna High Court CR. MISC. No.8502 of 2026(2) dt.11-02-2026 2/2 further submitted that recovery is made from the house of the co-accused. The petitioner is in custody since 07.01.2026 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 Marhowrah P.S. case No. 22 of 2026.

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