Vibhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36735 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- EXCISE TRIVENIGANJ District- Supaul ====================================================== Vibhash Kumar S/o Shri Chhatradhari Yadav @ Chatradhari Yadav R/o Village- Baghala, ward no 9, PS- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Triveniganj Excise P.S. Case No. 42 of 2026 registered for the offences punishable under Sections 30(a), 32(3), 41(1)(2) of the Bihar Prohibition and Excise (Amendment), Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 55.790 litres of IMFL/country made liquor from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor was made from the house of co-accused Deepak Kumar and as coincidentally this petitioner being co-villager and family friend

Patna High Court CR. MISC. No.36735 of 2026(2) dt.08-06-2026 2/2 was also available in the house of Deepak Kumar just prior to the raid, he was also implicated with present recovery of illicit liquor. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, rather from the house of co-accused Deepak Kumar, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 2, Supaul/concerned Court, where the case is pending in connection with Triveniganj Excise P.S. Case No. 42 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T