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Patna High CourtCR. MISC./67648/2025bail granted

Vikash Kumar v. The State Of Bihar

2025-09-24Mr. Justice S. B. P. Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67648 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Vikash Kumar S/o Jagdish Prasad @ Jugdish Ram R/o Village- Nabiganj (Near Shiv Mandir), P.S.- Bhagwan Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68845 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== 1.

Nand Kishore Chaudhary @ Nand Kishore Chaudhari Son of Tarkeshwar Chaudhari Resident of Village- Masumganj Police Station- Bhagwan Bazar District- Saran 2.

Md. Ashgar Khan @ Asgar khan son of Budhan Khan Resident of VillageMasumganj Police Station- Bhagwan Bazar District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68940 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Bikky Kumar @ Vicky Kumar @ Bikki Kumar S/o Late Awadhesh Thakur @ Late Avadhesh Thakur Resident of Gudari Bazar, Takkar More, P.S. -Bhagwan Bazar, Distt.- Saran, Bihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67648 of 2025) For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Jharkhandi Upadhyay (In CRIMINAL MISCELLANEOUS No. 68845 of 2025) For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Asha Devi (In CRIMINAL MISCELLANEOUS No. 68940 of 2025) For the Petitioner/s :

Mr.Abhijeet Abhigyan For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH

Patna High Court CR. MISC. No.67648 of 2025(2) dt.24-09-2025 2/3 ORAL ORDER 24-09-2025 All the three Cr. Misc. applications have arisen out of the same occurrence and as such they have been heard together and are being disposed of by passing this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Revilganj P.S. Case No. 277 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the allegation made in the F.I.R., recovery of 52 litres of country made liquor has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They have got no criminal antecedent. They have no concern with the alleged recovery as the entire allegation as alleged against the petitioner is totally false and fabricated and petitioners are no way concerned with the alleged occurrence or recovery. From perusal of seizure list, it is evident that the witnesses of seizure list are police party and the same is violation of law. Petitioners are in custody since 30.08.2025 without any fault from their part.

Patna High Court CR. MISC. No.67648 of 2025(2) dt.24-09-2025 3/3

6. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

7. Keeping in view the aforesaid facts and considering the period under custody as well as clean antecedents of the petitioners as mentioned in para 3rd of the bail petition, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Revilganj P.S. Case No. 277 of 2025 subject to the following conditions :- (i). Petitioners will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be their family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T