Vishal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.775 of 2025 Arising Out of PS. Case No.-880 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Vishal S/o Viresndra @ Virendra Singh R/o Village- Samaypur Badli house no. 520, P.O. and P.S.- Badali, District- New Delhi (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 880 of 2024 instituted for the offences under Sections 30(a), 31(i)(iii), 41(i)(2) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 253.500 liters foreign liquor was recovered from Maruti Suzuki car. Petitioner was arrested on the spot.

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

Patna High Court CR. MISC. No.775 of 2025(2) dt.18-01-2025 2/2 no concern with the alleged recovery of liquor. Petitioner is stated to be driver of the car in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. Petitioner has no concern with the car in question. The petitioner is in custody since 18-11-2024 and has got one criminal antecedent. There is no compliance of Section 183 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 880 of 2024.

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