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

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Lakhaura PS Case No. 196 of 2024, subject to conditions that (I) one of the bailors shall be an own/close member of the petitioner's family, and (II) the petitioner shall appear on each and every date fixed at the trial, failing which on two consecutive dates the Trial Court will have liberty to cancel the bail bonds.

Issue for consideration

Whether the petitioner, in custody in connection with Lakhaura PS Case No. 196 of 2024 instituted under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, is entitled to be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

Petitioner ordered released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions: one bailor to be an own/close member of his family; appearance on each date fixed at trial; and liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Cr. Misc. No.8970 of 2025, decided 19-02-2025, Rudra Prakash Mishra, J): Petitioner sought bail in Lakhaura PS Case No. 196 of 2024 (District East Champaran) instituted under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, wherein total 20 litres of country made liquor was allegedly recovered from bora. Counsel for the petitioner urged innocence, absence of conscious possession, implication on secret information, custody since 05.12.2024, three criminal antecedents in which he is on bail, and non-compliance of Section 103 of B.N.S.S.; the APP opposed the prayer. Considering the facts and circumstances and the period of custody, the Court released the petitioner on bail on bonds of Rs.10,000/- with two sureties of the like amount each, one bailor to be an own/close family member, subject to attendance at every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8970 of 2025

Arising Out of PS. Case No.-196 Year-2024 Thana- LAKHAURA District- East Champaran

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

Vikash Kumar S/o Kameshwar Sah R/V- Lakhaura Barwa, P.S.- Lakhaura, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 19-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Lakhaura PS Case No. 196 of 2024 instituted for the offences under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 20 litres of country made liquor was recovered from bora.

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

Patna High Court CR. MISC. No.8970 of 2025(2) dt.19-02-2025 2/3

of liquor. It is submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 05.12.2024 and has got three criminal antecedents in which he is on bail. 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 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhaura PS Case No. 196 of 2024, 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

Patna High Court CR. MISC. No.8970 of 2025(2) dt.19-02-2025 3/3

two consecutive dates, the Trial Court will have liberty to

cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T