Vishal Kumar @ Vishal Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31826 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- GARKHA District- Saran ====================================================== 1.

Vishal Kumar @ Vishal Kumar Chaudhary Son of Dilip Choudhary Resident of Village - Mithepur, P.S.- Garkha, District - Saran. 2.

Ranjan Chaudhary @ Ranjan Kumar Chaudhary Son of Rama Shankar Chaudhary Resident of Village - Mithepur, P.S.- Garkha, District - Saran. 3.

Pinki Devi @ Othlali Wife of Raj Kumar Chaudhary Resident of Village - Mithepur, P.S.- Garkha, District - Saran.

4.

Vickky Kumar @ Vickky Chaudhary Son of Ram Babu Chaudhary Resident of Village - Mithepur, P.S.- Garkha, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Garkha P.S. Case No. 149 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 45 litres of liquor has been recovered from bamboo orchard and 200 litres of raw materials destroyed.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.31826 of 2025(2) dt.15-05-2025 2/2 No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place. The petitioners have got no concern with the alleged recovery of liquor nor the with said bamboo orchard. The petitioners are in custody since 06.03.2025. Petitioner nos. 1 to 3 have one criminal antecedent each and petitioner no. 4 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 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 Garkha P.S. Case No. 149 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T