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

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

What the court decided

AI extract

Outcome

Enlargement of the petitioner on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra, in connection with Mashrak P.S. Case No. 578/2024.

Issue for consideration

Whether regular bail should be granted to the petitioner (Vikash Chaudhary @ Vikash Kumar) in connection with Mashrakh P.S. Case No. 578/2024.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra, in connection with Mashrak P.S. Case No. 578/2024.

Detailed headnote1 paragraphs

BAIL GRANTED — Regular bail allowed by the Patna High Court (Criminal Miscellaneous No. 4100 of 2025, decided 25-02-2025, Chandra Prakash Singh, J) for Vikash Chaudhary @ Vikash Kumar, booked in Mashrakh P.S. Case No. 578/2024 dated 16.10.2024 for offences punishable under ss. 30(a), 33, 34(a), 34(b), 37(A), 37(B), 47, 34 of the Bihar Prohibition and Excise Act and Sections 123, 105, 110, 61(2) read with Section 3(5) of the B.N.S., 2023. Prosecution alleges the petitioner's involvement in trade of illegal liquor, many deaths after drinking poisonous liquor, and recovery of 905 litres of spirit liquor from other FIR-named co-accused persons. The petitioner was not named in the FIR; his name emerged from the confessional statement of co-accused Deepak Kumar Chaudhary; nothing was recovered from his conscious possession; he has two antecedents and was in custody since 21.10.2024. Considering the facts, circumstances and period of custody, the Court directed his enlargement on bail on a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra; the application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4100 of 2025

Arising Out of PS. Case No.-578 Year-2024 Thana- MASHRAK District- Saran

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

Vikash Chaudhary @ Vikash Kumar S/O Late Ashok Choudhary R/O Village - Purushotampur, Police Station - Janta Bazar, Dist- Saran

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Srinath Manjhi, Adv For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 25-02-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 578/2024 dated 16.10.2024 registered for the offences punishable u/ss 30(a), 33, 34(a), 34(b), 37(A), 37(B), 47, 34 of the Bihar Prohibition and Excise Act and Sections 123, 105, 110, 61(2) read with Section 3(5) of the B.N.S., 2023.

As per the prosecution case, the petitioner is involved in trade of illegal liquor and many people died after drinking poisonous liquor. It is further alleged that total 905 litres of spirit liquor was recovered from the other FIR named co-accused persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.4100 of 2025(2) dt.25-02-2025 2/2

this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Deepak Kumar Chaudhary. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is involved in the business of illicit liquor.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Mashrak P.S. Case No. 578/2024.

The application stands allowed.

(Chandra Prakash Singh, J)

Jyoti/-

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