Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78040 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- ARER District- Madhubani ====================================================== Vikash Kumar Son of Jagdish Shafi Resident of Village - Basopattri, P.S.- Basopatti, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Arer P.S. Case No. 196 of 2025, instituted for the offences punishable under Sections 274, 275 and 3(5) of the BNS and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 liters of Nepali liquor was recovered from two motorcycles.

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. The name of the petitioner has transpired as being owner of the motorcycle in

Patna High Court CR. MISC. No.78040 of 2025(2) dt.18-11-2025 2/2 question and he has no knowledge regarding the goods loaded on the vehicle. The petitioner is in custody since 04.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 Arer P.S. Case No. 196 of 2025.

(Rudra Prakash Mishra, J) manish/- U T