Patna High CourtCR. MISC./63892/2025bail granted

Vikash Kumar @ Kriti Yadav @ Kirti Yadav v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63837 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== 1.

Gautam Kumar Son of Sanjay Kumar Ray @ Sanjay Rai R/o Village - Bardiha Turki, P.S. - Patepur, District - Vaishali. 2.

Rawnish Kumar Son of Sanjay Rai @ Sanjay Kumar Ray R/o Village - Bardiha Turki, P.S. - Patepur, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar R/o Village - Bardiha Turki, P.S. - Patepur, District - Vaishali.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63892 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Vikash Kumar @ Kriti Yadav @ Kirti Yadav S/O Ganesh Rai R/O VillageBardiha Turki, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 63837 of 2025) For the Petitioner/s :

Mr. Suruchi Anand, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 63892 of 2025) For the Petitioner/s :

Mr. Suruchi Anand, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard Mrs. Suruchi Anand, learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Patepur P.S. Case No. 250 of 2025 for the offence registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 lodged on 20.07.2025 by the informant Pramod Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the house of Raj Narayan Chaudhary was

Patna High Court CR. MISC. No.63837 of 2025(2) dt.24-09-2025 2/3 raided. Outside it, a four wheeler car was parked and there was a loading of goods from the vehicle, they managed to escape and there is recovery/seizure of 88.05 liter of foreign liquor. This led to the FIR.

4. Learned Counsel for the petitioners submit that only due to local enmity, they have been named, though she concede that all the petitioners have one criminal antecedent. In paragraph 8, it has been categorically stated that the vehicle do not belong to them.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the locals have named him.

6. Considering the submissions of the parties as also the fact that none of the petitioners own the vehicle, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court (II)-cum-District & Additional Session Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 250 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.63837 of 2025(2) dt.24-09-2025 3/3 (i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his bona fide;

(ii) the petitioners 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;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court; (iv) the petitioners 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;

(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T