Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50244 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- KASBA District- Purnia ====================================================== Vishal Kumar S/O Late Chandrashekhar Roy Resident of- Abdullah Nagar, Khuskibagh, PS- Sadar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumar Praveen, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kasba PS Case No. 107 of 2025 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 317.855 litres of liquor was recovered from Car. 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

Patna High Court CR. MISC. No.50244 of 2025(2) dt.25-07-2025 2/3 of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended co-accused person. The petitioner is in custody since 17.06.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 16.06.2025 passed in Cr. Misc. No. 36857 of 2025.

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 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 Kasba PS Case No. 107 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.50244 of 2025(2) dt.25-07-2025 3/3 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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