Vikash Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26314 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- MAKER District- Saran ====================================================== 1.

VIKASH PATHAK Son of Late Tuntun Pathak Resident of Village - Rasidpur, P.S.- Garkha, District - Saran at Chapra. 2.

Dinesh Kumar Son of Mahendra Yadav Resident of Village - Abhuar, P.S.- Kishanpur, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Maker P.S. Case No. 40 of 2025 dated 28.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 135 litres of illicit foreign liquor was recovered from the Tata Nexon vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are

Patna High Court CR. MISC. No.26314 of 2025(2) dt.30-04-2025 2/2 not the owner of the seized vehicles. The seized vehicle was being driven by the petitioner no. 1 and the petitioner no. 2 is the co-passenger of the seized vehicle. Nothing recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.03.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Maker P.S. Case No. 40 of 2025.

7. The application stands allowed.

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