Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48693 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- BARAUNI District- Begusarai ====================================================== Vikash Kumar S/o Raj Kumar Singh Resident of Hajipur, Ward No. 05, Police Station- Barauni,District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the bail petition in course of the day.
2. Heard Mr.Sarvottam Kumar, learned counsel for the petitioner and Mr.Manoj Kumar, learned A.P.P. for the State.
3. The petitioner seeks bail, who is in custody since 27.04.2025 in connection with Barauni P.S. Case No. 16 of 2025, F.I.R. dated 30.01.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
4. Recovery is of 96.840 liters of foreign liquor.
5. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR that nothing has been
Patna High Court CR. MISC. No.48693 of 2025(2) dt.18-07-2025 2/3 recovered from conscious possession of the petitioner. Altogether 96.840 liters of foreign liquor was recovered from the ditch which was situated near the house of the petitioner and petitioner has been made accused in the present case merely on the ground of suspicion and except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 27.04.2025.
6. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but he fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
7. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai in connection with Barauni P.S. Case No. 16 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.48693 of 2025(2) dt.18-07-2025 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T