Vikash Singh @ Vikash Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10004 of 2025 Arising Out of PS. Case No.-42 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Vikash Singh @ Vikash Kr. Singh Son of Radha Singh Resident of VillageThangwan, P.S.- Charpokhari, Distt.- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Awadhesh Kumar Pandey, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Chauri P.S. Case No. 42 of 2023, dated 17.05.2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per allegation, 60 liters of liquor was recovered from a place near Shiv temple situated in the village, Jog Kharaincha. Moreover, one motorcycle bearing chesis no. D2A76AX3MPG33424, engine no. PFXPMG68446 was also found from that place.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do

Patna High Court CR. MISC. No.10004 of 2025(2) dt.06-03-2025 2/3 with the alleged recovery of liquor. He also submits that the recovered motorcycle does not belong to him. He further submits that there is no material available which could connect the petitioner with the alleged offence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, Bhojpur at Ara, in connection with Chauri P.S. Case No. 42 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

Patna High Court CR. MISC. No.10004 of 2025(2) dt.06-03-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T