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Patna High CourtCR. MISC./1026/2025bail granted

Vikash Aaryan @ Viksh Aryan v. The State Of Bihar

2025-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1026 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== Vikash Aaryan @ Viksh Aryan S/O Late Mahesh Prasad Ray R/O VillageGanauli, P.S- Andhrathari, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Samastipur (T) PS Case No. 221 of 2024, G.R. No. 22726 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 32.400 litres of foreign liquor was recovered from bag.

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. It is submitted that seized bag does not belong to the petitioner. The petitioner

Patna High Court CR. MISC. No.1026 of 2025(2) dt.13-02-2025 2/2 is in custody since 27.10.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 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 of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Samastipur (T) PS Case No. 221 of 2024, G.R. No. 22726 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T