Vipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40495 of 2025 Arising Out of PS. Case No.-608 Year-2025 Thana- Excise P.S. District- Patna ====================================================== 1.

Vipin Kumar Yadav S/O Madan Prasad Yadav Resident of Village- Husepur, Ward No. 01, P.S.- Sahebganj, Dist.- Muzaffarpur 2.

Ankit Kumar S/O Late Dharmendra Rai R/O Vill.- Babanghat Kushahar, P.s.- Mahua, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard Mr. Anish Kumar, learned counsel for the petitioners and Mrs. Renu Kumari, learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 608 of 2025 instituted for the offences punishable under Sections 30(a), 32(b), 41(i), 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 86.400 litres of liquor was recovered from Bolero.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted

Patna High Court CR. MISC. No.40495 of 2025(2) dt.26-06-2025 2/2 that petitioners are neither the owner nor the driver of the vehicle. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 27.04.2025 and have 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 608 of 2025.

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