Patna High CourtCR. MISC./84635/2025bail granted

Vikash Kumar Rai v. The State Of Bihar

2025-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84635 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- Haraiya District- East Champaran ====================================================== Vikash Kumar Rai Son of Pannalal Rai Resident of Village- Siswa Bazar, Ward No. 2, P.S.- Haraiya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Haraiya P.S. case No. 125 of 2025 instituted for the offences under Sections 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 126.5 liters liquor was recovered from motorcycle and the petitioner was arrested on 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

Patna High Court CR. MISC. No.84635 of 2025(2) dt.04-12-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that motorcycle in question does not belong to the petitioner. The petitioner was a passerby of the way and has become victim of circumstances. The petitioner is not indulged in the sale and purchase of liquor. The petitioner is in custody since 01.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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, clean antecedent 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 Haraiya P.S. case No. 125 of 2025.

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