Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26532 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- PARANDABAR District- Nawada ====================================================== 1.

Vikash Kumar S/O Mathura Prasad R/O Village- Bilarpur, P.s- Sirdala, Distt.- Nawada.

2.

Navin Kumar S/O Vijay Prasad R/O Village- Bhasuyara, P.S- Parnadabar, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Parnadabar P.S. case No. 64 of 2025 instituted for the offences under Section 30(a)of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 590 liters liquor was recovered from E-rickshaw. The petitioner was arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.26532 of 2025(2) dt.29-04-2025 2/3 have got no concern with the alleged recovery of liquor. Petitioner No. 1 is owner and petitioner No. 2 is driver of the erickshaw. It is further submitted that the petitioners were returning from Mohugai and they were stopped by the informant and asked to go somewhere else on which the petitioners refused due to which they have been falsely implicated by the police. The petitioners are in custody since 23.03.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners 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 satisfaction of Court below/concerned Court in connection with Parnadabar P.S. case No. 64 of 2025 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

Patna High Court CR. MISC. No.26532 of 2025(2) dt.29-04-2025 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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