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Patna High CourtCR. MISC./57835/2025allowed

Vicky Kumar @ Vicky Mahto v. The State Of Bihar

2025-09-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57835 of 2025 Arising Out of PS. Case No.-897 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vicky Kumar @ Vicky Mahto S/o Ashok Kumar @ Ashok Mahto R/o Village- Ismailpur, P.S - Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 897 of 2023 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 50 litre country made liquor from Banana plantation near Harauli Ghat PCC Road, kept in a jute bag. Petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the banana plantation. Petitioner has no concern with the seized liquor. Charge-sheet has already been submitted after conclusion of the investigation. Petitioner has six criminal

Patna High Court CR. MISC. No.57835 of 2025(2) dt.10-09-2025 2/2 antecedents. He is in judicial custody since 16.03.2025.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 897 of 2023 with following conditions:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J.) rakhi/- U T