Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33179 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- HISUWA District- Nawada ====================================================== Vishal Kumar S/o Ram Prasad Yadav R/o Village- Tilaiya Bigha, P.O.- Hisua, P.S.- Hisua, Distt.- Nawada- 805103.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 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 Hisua P.S. Case No. 151 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 58.125 litres of IMFL/country made liquor from the place of occurrence.

4. It is submitted by learned counsel appearing for the petitioner that recovery appears to be made from three different places, which is firstly behind the house of the petitioner, secondly, near to house of petitioner and third, near to one water logging

Patna High Court CR. MISC. No.33179 of 2025(2) dt.20-05-2025 2/2 area (Pain). It is pointed out that all area of recovery appears open place, accessible by general public and, therefore, it can be safely said that recovery was not made from conscious physical possession of this petitioner, who is a man of clean antecedent.

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, 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 Excise Court-I, Nawada/concerned Court, where the case is pending in connection with Hisua P.S. Case No. 151 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

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