Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27846 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== 1.

Vikash Kumar S/o Late Suresh Ram Resident of Village- Ghari, Ward No. 4, P.S.- Nasriganj, District- Rohtas 2.

Ravindra Kumar S/o Bhola Mahto Resident of Village- Ghari, Ward No. 3, P.S.- Nasriganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashikant, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Bikramganj PS Case No. 83 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 54 liters country made liquor was recovered from motorcycle. 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

Patna High Court CR. MISC. No.27846 of 2025(2) dt.01-05-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted petitioners are not the owner of the motorcycle and they were merely walking in the morning near the place of recovery due to which they have become the victim of the circusmtances. The petitioners are in custody since 07-04-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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 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 Bikramganj PS Case No. 83 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.27846 of 2025(2) dt.01-05-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T