Vijay Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49498 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- BHADHWAR District- Gaya ====================================================== Vijay Bharti S/o Kail Bhuiyan R/O- Chatakpur, P.S.- Maigra, Distt. - Gayaji. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Bhadwar P.S. Case No. 36 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 340 liters liquor was recovered from two motorcycles and the petitioner was arrested on spot.
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 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of any of
Patna High Court CR. MISC. No.49498 of 2026(2) dt.22-07-2026 2/2 the motorcycles in question and had been falsely implicated by the police due to ulterior motive. The petitioner is in custody since 12.05.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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, clean antecedent 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 on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhadwar P.S. Case No. 36 of 2026.
(Rudra Prakash Mishra, J) sukriti/- U T