Sri Vinod Kumar @ Khanna @ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10647 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sri Vinod Kumar @ Khanna @ Vinod Kumar S/O Sanjay Sah Resident of village- Malpur, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bibhutipur PS Case No. 310 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 2142.720 litres of illicit liquor was recovered from Pick-up vehicle.

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.

Patna High Court CR. MISC. No.10647 of 2025(2) dt.14-02-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused persons. It is further submitted that petitioner is neither the owner nor the driver of the seized vehicle. The petitioner is in custody since 11.01.2025 and has got three criminal antecedents in which he is on bail. 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 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 Bibhutipur PS Case No. 310 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.10647 of 2025(2) dt.14-02-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T