Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90675 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- Benibad District- Muzaffarpur ====================================================== Vikash Kumar Son of Rajkishor Ray Resident of Village- Aura, P.S.- Sheohar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Benibad P.S. Case No. 120 of 2025 instituted for the offence under Section 317(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the vehicle which is owned by this petitioner, altogether 478.8 liters of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.90675 of 2025(2) dt.09-02-2026 2/3 committed no offence. Learned counsel has further submitted that as he is the owner of the said vehicle, he has been impleaded in this case. Nothing has been recovered from his possession and also her has no concern in any way with the alleged recovery. He has further submitted that he has given his vehicle to one Santosh and he has misused the vehicle of the petitioner and Santosh Kumar has already been granted bail by this court vide Cr. Misc. No. 68373 of 2025.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that the petitioner will not indulge in similar nature of offence in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Benibad P.S. Case No. 120 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-III, Muzaffarpur

Patna High Court CR. MISC. No.90675 of 2025(2) dt.09-02-2026 3/3 subject to the conditions as laid down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J) Shubham/- U T