Vikash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Vikash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner 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 the Court below/concerned Court in connection with Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024.

Issue for consideration

Whether the petitioner is entitled to bail in connection with Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024 instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to 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 the Court below/concerned Court, in connection with Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024.

Detailed headnote1 paragraphs

BAIL GRANTED - Patna High Court (Rudra Prakash Mishra, J., 22-01-2025, Crl. Misc. No.2035 of 2025) allowed the bail prayer of Vikash Kumar in connection with Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024, Rohtas, instituted under Section 30(a) of the Bihar Prohibition and Excise Act following alleged recovery of 75 litres of country made liquor from an E-Rickshaw. Counsel for the petitioner contended he was innocent, was the driver of the seized vehicle with no knowledge of the goods, had no incriminating material recovered from his conscious possession, was in custody since 01.12.2024, had no criminal antecedent, and that there was no compliance of Section 103 of B.N.S.S.; the A.P.P. opposed the prayer. Considering the circumstances, clean antecedent and period of custody, the Court ordered release on bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2035 of 2025

Arising Out of PS. Case No.-400 Year-2024 Thana- Excise P.S. District- Rohtas

======================================================

Vikash Kumar S/O Satyanarayan Chandravanshi @ Satt Narayan Chandravanshi Village- Sikariya Ward No.27, PS- Darigaon, Dist.- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-01-2025 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 75 litres of country made liquor was recovered from E-Rickshaw.

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 petitioner is the driver of the seized vehicle and he has no

Patna High Court CR. MISC. No.2035 of 2025(2) dt.22-01-2025 2/2

knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 01.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

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 Excise Case No. 1077 of 2024 and Sasaram Excise P.S. Case No. 400 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T