Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22390 of 2025 Arising Out of PS. Case No.-738 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Vikash Kumar S/o Sunil Singh @ Sunil Kumar, Resident of Village- Pewta, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Prohibition and Excise (Bhabhua) P.S. Case No. 738 of 2024, dated 22.09.2024 registered for the offences punishable under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 196.800 litres of illicit foreign liquor was recovered from the dickey of the car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that petitioner is neither the owner nor the driver of the car in question. He has further

Patna High Court CR. MISC. No.22390 of 2025(2) dt.21-04-2025 2/2 submitted that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern at all with the alleged recovery. The petitioner has one criminal antecedent of similar nature as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 28.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Kaimur at Bhabhua, in connection with Prohibition and Excise (Bhabhua) P.S. Case No. 738 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T