Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9194 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- Excise P.S. District- Saran ====================================================== 1.
Vishal Kumar S/O Late Channu Ray Resident of village- Pursauli, P.S.- Isuapur, Distt.- Saran 2.
Brijesh Kumar S/O Vakil Giri Resident of village- Sahwa, P.S.- Isuapur, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewanand Tiwari For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 235/2024 dated 31.12.2024 registered for the offence punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 38.160 litres of illicit foreign liquor was recovered from the car.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the
Patna High Court CR. MISC. No.9194 of 2025(2) dt.04-03-2025 2/2 possession of the petitioners. The petitioners are not the owner of the said vehicle. The petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition and petitioner no. 1 has one criminal antecedent as mentioned in the impugned order. The petitioners are in custody since 31.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra, in connection with Sadar Excise P.S. Case No. 235/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T