Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24694 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Vikash Kumar Son of Late Surendra Ray R/O Vill.- Manua, P.S.- Hajipur Sadar, Distt.- Vaishali.

2.

Niraj Kumar Son of Mukhtar Ray R/O Vill.- Raydih, P.S.- Hajipur Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sahebganj P.S. Case No. 137 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 242.640 liters of illicit foreign liquor from the car bearing Regd. No.BR29PA-5402. Both the petitioners were arrested on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the

Patna High Court CR. MISC. No.24694 of 2025(2) dt.22-04-2025 2/3 present case only on the basis of suspicion. The petitioner no.1 is the driver of the seized Bolero vehicle whereas petitioner no.2 is the cleaner and the goods were not loaded in their presence and, thus, they had no knowledge about the contents of the goods loaded on the alleged vehicle. The petitioners are not the owners of the alleged vehicle. They have also no concern with the seized liquor. The petitioners were not arrested on the spot. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioners or from their house. The petitioners have no concern with the alleged occurrence. The petitioners have no criminal antecedent and are languishing in judicial custody since -23.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, 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

Patna High Court CR. MISC. No.24694 of 2025(2) dt.22-04-2025 3/3 satisfaction of Court below/concerned Court in connection with Sahebganj P.S. Case No. 137 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T