Patna High CourtCR. MISC./36145/2026bail granted

Vicky Kumar v. The State Of Bihar

2026-06-09Mrs. Justice Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36145 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- DULHIN BAZAR District- Patna ====================================================== Vicky Kumar S/o Nandkumar Prasad @ Nand Kumar R/o Village - Sarkuna, P.S. - Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-06-2026 Heard learned counsel for the petitioner and learned APP for the State, through virtual mode.

2. A prayer for bail has been made on behalf of the petitioner in connection with Special Excise Case No.411 of 2026, arising out of Bulhin Bazar P.S. Case no.85 of 2026 registered under section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery of 230 liters of country made liquor near a bamboo orchard.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his house and also the petitioner is not the owner of the field. The field is an open space which is accessible to everyone. The

Patna High Court CR. MISC. No.36145 of 2026(2) dt.09-06-2026 2/2 petitioner has no criminal antecedent and he is in custody since 01.03.2026. He undertakes to cooperate in the case/trial and charge-sheet has been submitted.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering violation of mandatory provisions of search and seizure and charge-sheet has been submitted, the petitioner is directed to be enlarged on bail in connection with Special Excise Case No.411 of 2026, arising out of Bulhin Bazar P.S. Case no.85 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court.

(Soni Shrivastava, J) Harsh/- U T