Patna High CourtCR. MISC./80800/2025bail granted

Vivek Kumar v. The State Of Bihar

2025-11-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80800 of 2025 Arising Out of PS. Case No.-616 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Vivek Kumar S/O Parmananad Bind@ Pramanand Bind R/O VillageKakrauri, Ward No-1, P.S.- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Anand, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai Excise P.S. Case No. 616C2 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 80 litres of liquor was recovered from E-rickshaw.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further

Patna High Court CR. MISC. No.80800 of 2025(2) dt.27-11-2025 2/2 submitted that petitioner is the driver of the vehicle in question but he had no knowledge regarding the goods/loaded loaded in the vehicle and the same belongs to the passenger. The petitioner is in custody since 25.09.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai Excise P.S. Case No. 616C2 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T