Vijay Kumar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28246 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Vijay Kumar Pal Son of Kesh Nath Pal Resident of Vill- Salathua, P.S.- Kudra, District- Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 212 of 2025 instituted for the offences punishable under Sections 30(a), 32(i)(iii) and 41(1)(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 108 litres of liquor was recovered from car.
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. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.28246 of 2025(2) dt.01-05-2025 2/2 submitted that the name of the petitioner transpired as being the driver of the vehicle in question and he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 20.03.2025 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, clean antecedent 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 Excise P.S. Case No. 212 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T