Vikash Kumar Paswan @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15402 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- EAST CHAMPARAN GRP CASE District- East Champaran ====================================================== 1.

Vikash Kumar Paswan @ Vikash Kumar S/O Late Chandeshwar Paswan Resident of village - Tenua, Jasauli P.S- Kalyanpur, District- East Champaran 2.

Munu Kumar @ Munna Kumar S/O Rudal Paswan Resident of village - Patti Jasauli, Ward no- 07, P.S- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Trial No. 82 of 2025 arising out of Rail Motihari PS Case No. 76 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 39 litres of foreign liquor was recovered in which 18 litres of liquor was recovered from petitioner no. 1's bag and 21 litres of liquor was recovered from petitioner no. 2's bag. 4.

Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.15402 of 2025(2) dt.17-03-2025 2/3 the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that the name of the petitioners have transpired on secret information. The petitioners are in custody since 20.12.2024 and has got no criminal antecedents. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.15402 of 2025(2) dt.17-03-2025 3/3 of Court below/concerned Court in connection with Trial No. 82 of 2025 arising out of Rail Motihari PS Case No. 76 of 2024.

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