Vikash Kumar @ Vikash Sah @ Boka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23823 of 2025 Arising Out of PS. Case No.-623 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Vikash Kumar @ Vikash Sah @ Boka Son of Uttam Sah village- Basantpur PS- Sathi District -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Umesh Kumar Gupta, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 325 and 504 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 50 litres illicit country made liquor was recovered from a sack which was allegedly thrown by this petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. It is
Patna High Court CR. MISC. No.23823 of 2025(4) dt.22-08-2025 2/2 further submitted that cognizance has already been taken by the learned trial court and petitioner is in custody since 05.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-II, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 623 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T