Vikash Kumar @ Vikash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10931 of 2025 Arising Out of PS. Case No.-801 Year-2022 Thana- SONEPUR District- Saran ====================================================== Vikash Kumar @ Vikash Ray S/o- Ramashankar Rai R/O village -Murthun , ward no. 4 , P.s.- Sonepur , District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, 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 Sonepur P.S. Case No. 801 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 75 liters of illicit country made liquor from three different places. It is also alleged that the police has destroyed 1000 liters of raw material.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has

Patna High Court CR. MISC. No.10931 of 2025(2) dt.07-03-2025 2/3 committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of the secret information. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged place of occurrences from where the illicit liquor was seized. The petitioner has also no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedents and is languishing in judicial custody since 05.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let

Patna High Court CR. MISC. No.10931 of 2025(2) dt.07-03-2025 3/3 the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Sonepur P.S. Case No. 801 of 2022.

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