Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10142 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- Pothia District- Katihar ====================================================== Vikash Kumar S/o- Chatari Tanti @ Kshatri Das Village- Bakhda PoBakhadda Ps- Sahebpur Kamal Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Pothia PS Case No. 112 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 171 litres of foreign 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 neither the owner nor the driver of the seized vehicle. It is further submitted that petitioner was sitting as a
Patna High Court CR. MISC. No.10142 of 2025(2) dt.07-03-2025 2/2 passenger in the seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 14.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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, clean antecedent of the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pothia PS Case No. 112 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T