Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43077 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- BIKRAMGANJ District- Rohtas ====================================================== Vikash Kumar S/O Kamal Sah @ Kamal Prasad Sah R/O Village- Marauna, Ward NO 5, PS- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise Case No. 332 of 2025, arising out of Bikramganj PS Case No. 118 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 2.34 liters foreign liquor was recovered, out of which 0.540 liters recovered from the possession of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.43077 of 2025(2) dt.09-07-2025 2/3 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. Learned counsel for the petitioner goes on to submit that the recovery is planted. The petitioner is in custody since 20-052025 and has got six criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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, after framing of charge, if not already framed, 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 Excise Case No. 332 of 2025, arising out of Bikramganj PS Case No. 118 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.43077 of 2025(2) dt.09-07-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T