Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69795 of 2025 Arising Out of PS. Case No.-546 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.

Vikash Kumar, S/O Vijay Kumar Chaudhary, Resident of Village- Nasriganj, P.S. Danapur, District- Patna.

2.

Chandan Kumar, S/O Rampal Rai Resident of Village- Nasriganj, P.S. Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Nawada Excise P.S. Case No.546/2025, registered for the offence under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 56.880 liters of Indian made foreign liquor and 44 liters beer was made from the car of the petitioner no.1 and both the petitioners were apprehended when they tried to run away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.69795 of 2025(2) dt.08-10-2025 2/3 case. The illicit liquor was kept in the vehicle by the two passengers, who escaped during the search by the police party. The petitioners had given lift to these persons taking payment of Rs.500/-each. This fact was disclosed to the Investigating Officer but he did not pay any heed to it. Nothing incriminating has been recovered from the person/possession of the petitioners. The petitioners are in custody since 08.08.2025 and are having clean antecedent. The charge sheet has been submitted.

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

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioners, their clean antecedent and submission of charge sheet, the petitioners are 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 Court Excise-2, Nawada/ concerned court, in connection with Nawada Excise P.S. Case No. 546/2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

Patna High Court CR. MISC. No.69795 of 2025(2) dt.08-10-2025 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the 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 petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T