Vipin Kumar @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73799 of 2025 Arising Out of PS. Case No.-384 Year-2025 Thana- EXCISE MASAUDHI District- Patna ====================================================== Vipin Kumar @ Bipin Kumar, Male, aged about 26 years, Son of Ramji Prasad, Resident of Village - Simariya, Post - Bodh Gaya, District- Gaya, Bihar 824231.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritwaj Raman, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 384 of 2025 instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total 892.440 liters of foreign made liquor has been recovered from the engine cabin and body (dala) of the seized vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that petitioner has simply made a scapegoat in the present case. He further submits that petitioner is the sole bread earner of the family.

Patna High Court CR. MISC. No.73799 of 2025(2) dt.16-10-2025 2/3 Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 19.08.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Exclusive Special Excise Judge-II, Patna dated 17.09.2025, it appears that on the basis of written report of the informant namely Shambhu Kumar, FIR has been registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018 against the present petitioner and the allegation is recovery of total 892.440 liters of foreign made liquor from a Bolero Pickup vehicle bearing Registration No. BR02GD-0693. From perusal of the records, it also appears that there is no any independent witness of the seizure list and the petitioner has got clean antecedent as stated in para 3 of the petition, so considering all these aspects of the case and submissions of learned counsel for the parties, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner 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 the learned

Patna High Court CR. MISC. No.73799 of 2025(2) dt.16-10-2025 3/3 Exclusive Excise Special Court-II, Patna in connection with Excise Masaurhi P.S. Case No. 384 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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