Vishal Kumar @ Vishal Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73025 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Vishal Kumar @ Vishal Kumar Pandit S/o Bechan Pandit R/o Village -Runni , p.s - Runnisaidpur , district -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution story, on 24.07.2025, ASI Satish Kumar Singh and other police personnel were on patrol when, around 9:20 p.m., they reached the orchard near the old house of Shamsher Singh in village Runni. There, a co-accused was apprehended while the present accused fled the scene. The apprehended person identified the fleeing accused. A sack found at the spot contained 62.475 liters of English wine, which was seized by the police in the presence of two witnesses.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73025 of 2025(2) dt.16-10-2025 2/3 seized articles were recovered from the orchard which is situated at the backyard of the old house of Shamsher Singh, who is a co-villager and is in no way connected to the petitioner. The petitioner is earning his livelihood by rendering his services as a labour to the persons in the village. His name has surfaced in the instant case on the statement made by one Lakhan Saini, who resides far away from the place where the seizure is said to have been made and learned counsel for the petitioner submits that he has one criminal antecedent akin to the instant case in which he is on bail.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner and that the petitioner is a labourer and provides services to the villagers of his locality where he resides and due to dirty village politics, his name has been roped in this case. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the
Patna High Court CR. MISC. No.73025 of 2025(2) dt.16-10-2025 3/3 court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Exclusive Special Excise Court-2, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 268 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J) sharun/- U T