Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57743 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- Excise Arwal District- Jehanabad ====================================================== Vinay Kumar Son of Late Raj Nandan Singh @ Late Ramnandan Singh R/o Vill - Dorra, P.S.- Rampur Chouram, Distt.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Arwal Excise P.S. Case No. 174 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 50 liters of illicit liquor from a motorcycle bearing Registration No. BR01 DH5706 on which petitioner and one co-accused were riding. They were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being registered owner of the motorcycle in question. In fact, when the petitioner was coming home, on the way at the request of co-accused he gave him lift as there was no resource of travel.

Patna High Court CR. MISC. No.57743 of 2025(3) dt.09-10-2025 2/2 The co-accused was having luggage with him. Petitioner had no knowledge about the seized liquor. There is no independent witness to the seizure-list. Petitioner has five criminal antecedents. He is in custody since 27.06.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, 2nd Excise Act, Jehanabad in connection with Arwal Excise P.S. Case No. 174 of 2025, subject to following conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.

(Sunil Dutta Mishra, J) rakhi/- U T