Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64236 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Vinod Kumar S/o Shravan Mahto @ Shravan Mahto Sanrha R/o VillageSardha Bajaar Samiti, P.O.- Chapra Muffasil, P.S.- Chapra Muffasil, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Shweta Anand, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sadar Excise P.S. Case No. 176 of 2025 registered on 31.07.2025 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 36 litres of beer was made from the backpack of 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. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner has no concern with the seized beer. Petitioner never indulged in the trade of illicit liquor. There is no independent

Patna High Court CR. MISC. No.64236 of 2025(2) dt.23-09-2025 2/3 witness to the seizure list. Seizure list has not been prepared in accordance with law. Petitioner is having criminal antecedent of 2 cases in which he is on bail. Petitioner is in custody since 01.08.2025.

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

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-3, Saran/concerned court in connection with Sadar Excise P.S. Case No. 176 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

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

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the

Patna High Court CR. MISC. No.64236 of 2025(2) dt.23-09-2025 3/3 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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