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Patna High CourtCR. MISC./36663/2025bail granted

Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar

2025-06-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36663 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Vikash Kumar @ Vikash Kumar Yadav Son of Kameshwar Rai villageSaraiya, Ps- Madhuban, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard Mr. Aditya Kumar Pandey, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Rajepur P.S. Case No. 132 of 2024 instituted for the offences punishable under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 328.18 litres of liquor has been recovered from the orchard of the petitioner.

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 rather the recovery has been made

Patna High Court CR. MISC. No.36663 of 2025(2) dt.16-06-2025 2/2 from an open place accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 24.03.2025 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 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 Rajepur P.S. Case No. 132 of 2024.

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