Viplav Chaterji @ Biplab Chaterjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12723 of 2026 Arising Out of PS. Case No.-2108 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.

Viplav Chaterji @ Biplab Chaterjee S/o- Late Babloo Chaterji R/v- Malda Purana W.No-7, Ps- Purana Maldah Dist- Maldah, W.B 2.

Mirinmoy Das @ Mirin Moy Das S/o- Late Manu Das R/v- Malda W.No-2, Ps- English Bazar Dist- Maldah W.B ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate Mr. Hemand Ray, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 2108 of 2025 instituted for the offences punishable under Section 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 483.840 litres of liquor was recovered from DCM truck and XUV-500 vehicle.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.12723 of 2026(2) dt.24-02-2026 2/2 possession of the petitioners. Learned counsel further submitted that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is the driver of the vehicle in question whereas petitioner no.2 is the co-driver and both the petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 20.12.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 2108 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T