Patna High CourtCR. MISC./41618/2025bail granted

Vijay Kumar v. The State Of Bihar

2025-07-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41618 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Vijay Kumar S/o Amin Mukhiya R/o Village- Harkaina, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 179 of 2025 dated 23.03.2025 registered for the offences punishable u/ss 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the wheat field. It is further alleged that other equipments, gas stove and cylinder were also recovered from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.41618 of 2025(2) dt.07-07-2025 2/2 this case. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Muffasil P.S. Case No. 179 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T