Vijay Kumar Hembram @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87918 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- R S P.S. District- Araria ====================================================== Vijay Kumar Hembram @ Vijay Kumar Son of Manoj Hembram Resident of village - Bhargama Chandi Sthan Ward No.- 04, Police Station - Bhargama, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with R.S. P.S. Case No. 203 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 50 liters liquor was recovered from bicycle 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 has got
Patna High Court CR. MISC. No.87918 of 2025(2) dt.18-12-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the bicycle does not belong to the petitioner. It is further submitted that the petitioner has been arrested only on the basis of suspicion. The petitioner is in custody since 14.11.2025 and has got two criminal antecedents. 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 R.S. P.S. Case No. 203 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.87918 of 2025(2) dt.18-12-2025 3/3 bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T