Patna High CourtCR. MISC./14422/2025bail granted

Vishal Kumar v. The State Of Bihar

2025-03-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14422 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Vishal Kumar S/o- Jitendra Sahani Village- Malikana Khesharahi PS- Patepur Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nidhi Anand, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, 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 Patepur P.S. Case No. 12 of 2025 instituted for the offences punishable under Sections 274, 275 of the BNS and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 150 litres of liquor has been recovered from a hut.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.14422 of 2025(2) dt.07-03-2025 2/2 from the hut but the petitioner is not the owner of the same. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.01.2025 and has 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 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 Patepur P.S. Case No. 12 of 2025.

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