Patna High CourtCR. MISC./19785/2025bail granted

Vikash Kumar v. The State Of Bihar

2025-04-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19785 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== Vikash Kumar S/O Ashok Chaudhary Resident of Village- Uttarpatti Tilauthu, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard Mr. Shashi Kant, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner seeks bail in connection with Tilauthu P.S. Case No. 43 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 170 litres of liquor has been recovered near bhatti.

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 from an open place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since

Patna High Court CR. MISC. No.19785 of 2025(2) dt.03-04-2025 2/2 22.02.2025 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 Tilauthu P.S. Case No. 43 of 2025.

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