Vikash Kumar @ Vikar Kr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61814 of 2025 Arising Out of PS. Case No.-609 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Vikash Kumar @ Vikar Kr S/O Shyamnandan Ray @ Shyamnanadan Rai R/O Vill.- Barwa Khurd, Ward No. 15, P.S.- Kundwa Chainpur, Dist.- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandradip Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 609 of 2024, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, recovery of 45 litre Nepali RELAX country made liquor was made from the motorcycle stated to owned by the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and the motorcycle of the petitioner

Patna High Court CR. MISC. No.61814 of 2025(2) dt.22-09-2025 2/3 was stolen for which a report was lodged with the police prior to the lodging of the present FIR. Nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner is in custody since 21.07.2025 and he has no criminal antecedents.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and also considering lodging of report of stolen motorcycle and clean antecedent of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, East Champaran, Motihari/concerned court, in connection with Excise P.S. Case No. 609 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

Patna High Court CR. MISC. No.61814 of 2025(2) dt.22-09-2025 3/3 each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T