Vivek Kumar @ Vivke Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75843 of 2025 Arising Out of PS. Case No.-278 Year-2025 Thana- Excise Thana Hajipur District- Vaishali ====================================================== Vivek Kumar @ Vivke Kumar Son of Late Rajesh Prasad Resident of village - Ranisati Mandir Purani Bazar Ward No.- 9, Police Station - Town, District - Sitamarhi, At present - Jadhua, P.S.- Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Excise PS Case No. 278 of 2025 instituted for the offences under Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 179.280 liters foreign liquor was recovered from godown.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.75843 of 2025(2) dt.10-11-2025 2/2 that petitioner is not the owner of the godown and he has no concern with the same. The petitioner is in custody since 07.09.2025 and has got one criminal antecedent/s. Charge sheet has already been submitted in this case. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Excise PS Case No. 278 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T